Wheat Acquisition Regulations (Amendment) (Cth)

STATUTORY RULES.

1939. No. 180.

 

REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, in pursuance of the powers conferred by the National Security Act 1939 and all other powers me thereunto enabling, hereby make the following regulations.

Dated this twenty-first day of December, 1939.

GOWRIE

Governor-General.

By His Excellency’s Command,

GEORGE McLEAY

for Minister of State for Defence Co-ordination.

———

Amendments of Wheat Acquisition Regulations.

Definitions.

1. Regulation 2 of the Wheat Acquisition Regulations is amended by inserting after the definition of “Licensed receiver” the following definition:—

“storage facilities” means any portion of any silo, building, shed or any other structure whatsoever in which, in the opinion of the Minister, wheat might be stored and includes any plant, equipment or machinery which is in or adjacent to any such silo, building, shed or other structure and which is used, or might conveniently be used, in connexion with the loading, unloading, storage or preservation of wheat;”.

2. After regulation 19 of the Wheat Acquisition Regulations the following regulations are inserted:—

Requisitioning of storage facilities.

“19a.—(I.) For the purpose of storing any wheat which is the property of the Commonwealth, the Minister may, by order served upon any person who is the owner or has the use or control of any storage facilities, require that person to make the storage facilities or any portion thereof available to the Commonwealth for the storage of wheat the property of the Commonwealth.

(2.) Any person on whom an order is served under sub-regulation (1.) of this regulation shall, within such time as is specified in the order, make the storage facilities or portion thereof, as the case may be, available accordingly.

* Notified in the Commonwealth Gazette on 21st December, 1939.

  Statutory Rules 1939, No. 96, as amended by Statutory Rules 1939, Nos. 120 and 155.

7733.—Price 3d.

 

(3.) The requisitioning of any storage facilities under this regulation shall not relieve any person from the application of the provisions of regulation 24 of these Regulations.

Acquisition of corn sacks.

“19b.—(1.) For the purpose of storing, protecting, handling, transferring or shipping any wheat the property of the Commonwealth, the Minister may, by order served on any person who is the owner or who has the possession, control or disposal of any corn sacks, declare such of those corn sacks as are specified in the order to be acquired by the Commonwealth and the corn sacks so specified shall thereupon become the absolute property of the Commonwealth freed from all mortgages, charges, liens, pledges, interests and trusts, affecting those corn sacks, and the rights and interests of any person in those corn sacks are hereby converted into claims for compensation.

(2.) Any person having in his possession, control or disposal any corn sacks acquired by the Commonwealth shall, within such time and in such manner as is specified in the order acquiring the com sacks, deliver the corn sacks to the Board or to such person as may be specified in the order.”

Compensation in respect of storage facilities or corn sacks.

“19c. There shall he payable by way of compensation to any person who is required to make any storage facilities available to the Commonwealth in pursuance of regulation 19a of these Regulations or who has any right or interest in corn sacks acquired by the Commonwealth in pursuance of regulation 19b of these Regulations, such amount or amounts as is or are agreed upon between that person and the Board or, failing agreement, as is or are determined by the Minister.”.

Contracts for sale of “wheat.

3. Regulation 20 of the Wheat Acquisition Regulations is amended—

(a) by inserting in sub-regulation (1.), after the word “wheat” (first occurring), the words “or corn sacks”;

(b)by inserting in sub-regulation (1.), after the word “wheat” (second occurring), the words “or those corn sacks, as the case may be,”;

(c) by inserting in sub-regulation (2.), after the word “wheat”, the words “or corn sacks”; and

(d)by inserting in sub-regulation (3.), after the word “wheat”, the words “or those corn sacks, as the case may be,”.

Power to enter and search for wheat and corn sacks.

4. Regulation 22 of the Wheat Acquisition Regulations is amended by omitting the words “acquired by the Commonwealth is or is” and inserting in their stead the words “or corn sacks acquired by the Commonwealth is or are or is or are”.

Inspection of stocks, books, &c.

5. Regulation 23 of the Wheat Acquisition Regulations is amended by omitting the words “or flour” (wherever occurring) and inserting in their stead the words “, flour or corn sacks”.

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.