Wheat Acquisition Act 1914 (NSW)

Wheat Acquisition Act. .

WHEAT ACQUISITION ACT.-

Act No. 27, 1914.

George V, An Act to enable the Government to compulsorily

No. 27. acquire wheat in New South Wales; to provide for compensation for wheat so acquired, and for its sale and distribution ; to provide for varying or cancelling certain contracts for the sale and delivery of wheat; and for purposes consequent thereon or incidental thereto. [Assented to, 11th Decem­ ber, 1914.]

"TAE it enacted by the King’s Most Excellent Majesty,

by and with the advice and consent of the Legis­

lative Council and Legislative Assembly of New South

Wales in Parliament assembled, and by the authority of

the same, as follows :—

Preliminary.

:Sliort title.	1 . This Act may he cited as the “ M^heat Acquisition Act, 1914.”
This Act shall cease to have effect on the thirtieth day of September, one thousand nine hundred and fifteen.

Definitions. 2 . In this Act,—

“ Prescribed” means prescribed by this Act or by

regulations thereunder.

“ The board” means the board constituted under

this Act.

Acquisition o f wheat.

Notification 3 . (1) The Governor, by notification published in the

a.c'̂ uired'b G^^^tte, uiay dcclarc that any wheat therein described

Crown!' ̂ or referred to is acquired by His Majesty.

Wheat Acquisition Act. ^3

In such notification it shall he sufficient to descrihe George V,

the Avheat so acquired as wheat in a certain locality or	No. 27.
place, or owned hy or in the control or disposal of a certain person, or in any other manner hy which the wheat may he identified.

(2) Upon such publication the wheat shall become \̂ heat

the absolute property of llis Majesty, treked from all Majesty. *

mortgages, charges, liens, pledges, interests, and trusts

affecting the same, and the rights and interests of every

person in the wheat at tlie date of such publication

shall he taken to he converted into a claim for com­

pensation in pursuance of the provisions of this Act.

(3) The ])roduction of a copy of the Gazette Kvicknoo.

containing any such notification shall he conclusive evidence that on the date appearing on such copy the Avheat tlu'rein described or referred to Avas the absolute property of llis Majesty.

(4 ) The Minister shall, as soon as practicahh; Notice to

after the publication in the Gazette of any such o!v"ers.”*̂ notification Avas situated at the date of the publication of such notification in the Gazette.

notification, cause notice thereof to be given to the

hoard and to any person Avho to his knoAtledge had any

interest in the Avheat lud'ore the date of such publication,

and shall also cause notice thereof to be published in

one or more Aicwspapers circulating in the district in

Uailurc to give or publish any such notice shall not give any right of action against the Crown, or the Minister, or against any other person acting on the authority of eitlier of them.

4 .       Upon the publication of any such notification l ossossion

in the Gazette any 2>crson authorised hy the Minister may eitlier take jiossession of the Avheat therinn described or referred to or arrange Avith the prmious owner or the person having the disposal or control thereof for its deliA'cry at a time and place agreed upon to some person on behalf of His Majesty.

If any person hinders or obstructs the person so

authorised in the exercise of his poAA'ers under this section, or if the OAvner or the person haAung the disposal

of any wheat Avilfully neglects or refuses to carry out any

arrangement

Wheat Acquisition Act.

George V, arrangement made as aforesaid for the delivery of any

No. 27.

wheat, he shall be liable to a penalty not exceeding two

hundred pounds.

Compensation.

Amount of

compensa­	5 . The compensation to be paid for any wheat acquired by the Government under this Act shall be five shillings per bushel for wheat of fair average quality delivered by the owner or person having the disposal of the wdieat at the nearest railway station or at a place determined hy the person authorised as aforesaid by the Minister: Provided that such place shall not be more than one mile further than such rail­ way station from the place from wdiich the wheat is to he carried.
tion.
When delivery is not made at such railway station or place determined as aforesaid all proper deductions from the compensation money for freight and other necessary charges may be made.
Notwithstanding anything hereinbefore provided, there shall be ]3aid as additional compensation such further amount per bushel of the wheat so acquired as the Commissioners appointed under the Necessary Commodities Control Act, 1914, determine to be reasonal)le. The said Commissioners, as soon as practi­ cable after the publication of the notification in the Gazette that the wTieat is acquired under this Act, shall inquire and determine Avhethcr any, and if so what additional compensation as aforesaid should reasonably be paid, having regard to all the circumstances of the case.
The person authorised as aforesaid by the Minister shall determine wTiether the wheat is of fair average quality and shall determine the amount of such deduc­ tions for freight and charges, rvliat abatement in the amount of compensation shall be made in the case of Avheat which is heloAV such quality, and Avhat increase of compensation (if any) shall be allowed for seed Avheat.

Any such determination by any person so authorised

as aforesaid shall be subject to appeal to the board,

Avhose decision shall be final.

Payment of

compensa­ 6 . (1) Such compensation shall he paid out of the

tion. Consolidated Revenue Fund as soon as practicable after

the

Wheat Acquisition Act.

the expiration of fourteen days from the date of the	George V,
publication of the Gazette hy ndiich the wheat has been	No, 27.
acquired under this Act.
(2) Within such period of fourteen days claims to the compensation may he made as prescril>ed.
(3) At the expiration of such period the Minister may pay the compensation to tlu* claimants, so far as their claims ai^ree and are consistent witli each otlier; hut so far as such claims do not a^ree, or if any claiTuant is incapable of "ivin^ a valid discharge for payment, or if no claim is made, he may pay the whole or any part of the compensation in dispute to the Master in Equity, or, where the amount does not exceed four hundred pounds, into a District Court.
(4) Momw so ])aid to tin; Master in Equity may, upon order of the Chief Judge in Equity, made in court, or in chambers, be ap[)lied as the said judge thinks just. Applicatio]i for such oi-der may he made hy summons or motion. Money so j)aid into a District Court may, upon order of the judge of such court, made in court or in chambers, he applied as the said judge thinks just.
(5) The payment of compensation in pursuance of this Act shall discharge the Crown and the ^linister, and all persons acting under the authority of either of them, from all claims to compensation for any wheat acquired under this Act, and it shall not he nc'cessary in any ease for the MinisUa* to .so(̂ to the application of any compensation moneys paid hereunder or to see to the performance of any trusts :
Provided that nothing herein shall affect any chiim which may he made against any person who has received such compensation or any part thereof, and if any compensation mmuiy is paid hy the Minister to any person not entitled to the same it may be recovered from such person hy the person who hut for such pay­ ment Avould have been entitled to such compensation.

Sale or disposal o f uheut.

7 . The hoard shall, on h('half of the Government, Saieor

sell or dispose of any wheat acquired under this vVet at such times, at such prices, and on such terms of payment as may he thought fit.

The

96- Wheat Acquisition Act.

George V,

The net proceeds of any such sale shall he paid into the Treasury, and carried to a special account. The moneys at credit of such account shall be used to recoup the Consolidated Revenue Account for moneys paid out of such account under this Act. When the Minister certifies to the Colonial Treasurer that all transactions under the foregoing provisions of this Act are completed, such special account may he closed, and any balance of sucli account shall be carried to the Consolidated Revenue Account.

No. 27.

Variation and cancellation of contracts.

Contracts for 8. (1) Evci’y couti’act made in the State of New

sale of wheat,	Walcs prior to the passing of this Act, so far as it relates to the sale of New South Wales 1914-15 wheat to he delivered in the said State, is hereby declared to be and to have been void and of no effect so far as such contract has not been completed by delivery.
(2) Any transaction nr contract with respect to any wheat which is the subject matter of any contract or part of a contract which is hereby declared to be void shall also be void and of no e!!ecf, and any money paid in resj^ect of any contract hereby made void or of any such transaction shall he repaid.
Contracts for	9 . Every contract for the sale of flour made in New South Wales prior to the jiassing of this Act, so far as it relates to the sale of flour to be delivered after the first day of January, one thousand nine hundred and fifteen, is hereby declared to be and to have been void and of no effect.
sale of flour.
So far as such contract provides for the delivery of flour during the month of December, one thousand nine hundred and fourteen, the purchaser shall not be entitled to require the delivery under such contracts of a greater quantity of flour than the average of the monthly deliveries provided by the contract, or in the absence of any such provision actually made under it.

The hoard and officers.

Appointment 1 0 . The Govcmor shall appoint a board of five

of board.

persous, whicli shall have the powers and discharge the

duties conferred and imposed by this Act.

The

Wheat Acquisition Act. 97

The members of such board may be paid out of George V,

moneys voted by Parliament such fees as may be pre-	No. 27.
scril)ed by regulations made under this Act.

1 1 . The Minister may appoint such officers and Officers,

persons as he thinks lit for the purpose of carrying out

the provisions of this Act.

Siipplemental.

1 2 . (1) The Minister may, by notice published in Retumsof

the Gazette and in a newspaper circulating in the locality, require all or any persons having within a locality therein mentioned any wheat owned by them, or in their disposal or under their control, to make returns of such wheat.

Such returns shall be in the form, shall contain the

particulars, and shall be made to the persons prescribed.

(2) If any person to whom such notice applies

fails to make such return as aforesaid, he shall be liable

to a penalty not exceeding two hundred pounds.

13 . Any member of the police force may, at any iwcr to

time in the day or night, enter and search any Act, is or is supposed to be, and, if necessary for that purpose, may break into and use force to enter sucb premises or vessel or part.

premises or vessel, or part thereof, where any wheat v heat,

which hy notification under this Act is vested in His

14 . (1) The board shall for tbe purpose of any rowers>f

inquiry under this Act have all such powers, rights, and '

privileges as are vested in the Supreme Court, or in any

judge thereof, on the occasion of any action or trial in

respect of the following matters

(a)	The compelling the attendance of witnesses, and examining them on oath, affirmation, or declaration.
(b)	The compelling the production of books, docu­ ments, and writings.
(c)	The coinjieliing witnesses to answer questions relevant to the inquiry.
(d)	The directing witnesses to be prosecuted for perjurv.

B ■ (2)

;98 Wheat Acquisition Act.

George V, (2) The board may receive evidence on affidavit; but the chairman may require any person who has given evidence on affidavit to attend before the board for oral examination or cross-examination.

' No. 27.

Summons to

1 5 . A summons signed by the chairman of the board may be issued for enforcing the attendance of witnesses or compelling the production of books, documents, and writings. If any person having been served with such summons fails to appear, the said chairman may issue a warrant authorising such person to be apprehended and brought before the board.

produce.

Begulations

16 . (1) The Governor may make regulations for

carrying out the jirovisions of this Act, and in particular

for—

regulating tlie appointment of the chairman and

the proceedings of the board ;

regulating a])peals to the board;

prescribing the duties of persons appointed by the

Minister to exercise powers conferred by this

A c t;

regulating the making of claims to compensation ; regulating the delivery of wheat acquired under

this A c t;

prescribing the conditions, other than price and terms of payment, subject to Avhich wheat may be sold or disposed of ; and

prescribing forms whicb may be used under tins Act.

Tbe Governor may in such regulations impose any

penalty not exceeding two hundred pounds for any

breach thereof.

(2) Such regulations shall be published in the Gazette and shall be, laid before both Houses of Parlia­ ment within fourteen days after such publication, or if Parliament is not then sitting, within fourteen days after the next meeting of Parliament.

If either House of Parliament passes a resolution at any time within fifteen sitting days after such regula­ tions have been laid before such House disallowing any regulation, such regulation shall thereupon cease to have effect.

Service of	17 . Any notice under this Act may be served personally or by post, addressed to the last known place of residence or business of the person to be served.
notices.

Newcastle Trades Hall Site Vesting Act. 99

18 .        Any penalties imposed by this Act or by any Gjorge V,

regulations thereunder may be recovered before any No. 27.

stipendiary or police magistrate or any two j u s t i c e s o f of

I 1 • j 1 • I ) 1 i t L 1 !■ 1 L b .

the peace in petty sessions.