STATUTORY RULES.
1939. No. 109.
REGULATIONS
RELATING TO THE AVOIDANCE OF WOOLLEN CONTRACTS.*
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 eighth day of September, 1939.
(SGD.) GOWRIE.
Governor-General.
By His Excellency’s Command,
for
Minister of State for Defence.
Woollen Contracts Avoidance Regulations.
Short
title.
1. These Regulations may
be cited as the Woollen Contracts Avoidance Regulations.
Definitions.
2. In
these Regulations unless the contrary intention appears—
“the
Minister” means the Minister of State for Commerce; and
“the
referee” means any referee appointed by the Minister under these Regulations.
Appointment
of referee.
3. The Minister may
appoint any person or persons to be a referee for the purpose of these
Regulations either generally or in reference to a particular State or district
or in reference to a particular dispute or matter.
Questions
to be determined by referee.
4. Any question arising
for determination under regulation 24(2.) of the National Security (Wool)
Regulations shall be determined by a referee and his determination shall be
final and conclusive.
Referee
to determine question in State for which he is appointed.
5. If referees are
appointed for different States or places the matter shall be determined by the
referee for the State or place in which the dispute or matter substantially
arose, unless a referee is appointed for the particular dispute or matter.
Referee
to be an administration tribunal.
6. The referee shall be an
administrative and not a judicial tribunal, but he shall give all parties who
appear to him to be interested an opportunity of making representations to him.
Matters
to be considered by referee.
7.—(1.) The referee shall
inquire how and to what extent the making of the National Security (Wool)
Regulations has affected the contract in question.
* Notified in Commonwealth Gazette on ,
1939.
5490.—20/27.9.1939.—Price 3d.
(2.) If the contract in question is
a contract for the sale or supply by a woollen manufacturer of the products of
his manufacture then the referee shall inquire whether the making of the
regulations has in fact operated seriously to the prejudice of the woollen
manufacturer in the fulfilment of the contract and if so whether the prejudice
may be sufficiently removed by varying or revising the terms of the contract in
price or conditions or both in any and what manner, but unless the referee is
reasonably satisfied either that the making of the regulations has not so
operated or that the prejudice may not be so removed the contract shall be
avoided.
(3.) If the contract in question is
subsidiary the referee shall inquire whether in fact it depends for its
fulfilment (whether immediately or mediately through another subsidiary or
other subsidiary contracts) upon a contract for the sale or supply by a woollen
manufacturer of the products of his manufacture which has been avoided or
varied or reviewed pursuant to regulation 24(2.) of the National Security
(Wool) Regulations whether by agreement or by determination of a referee and if
he is reasonably satisfied that the contract does so depend he shall determine
whether it is just that the contract should be avoided or that the terms should
be varied or revised in price or conditions or both, and in what manner, or
that it should stand.
Evidence,
&c.
8. The referee shall have
power if he thinks fit to require the production of documents to him, the proof
of facts by statutory declaration or by evidence orally given before him on
oath and the furnishing of information.
Certificate
of determination.
9.—(1.)The referee shall
certify his determination under his hand stating whether the contract in
question is avoided or varied or revised and in the latter case the terms and
extent of the variation or revision and such a certificate shall be conclusive
evidence of the determination.
(2.) Upon production of a document
purporting to be such a certificate it shall in all Courts be admitted as prima facie evidence that it is a
certificate duly signed by a referee duly appointed under these Regulations.
Action
not to be brought on contract.
10. No action shall be
brought by the buyer to enforce against a seller any contract in force at the
commencement of these Regulations for the sale or supply by a woollen
manufacturer of the products of his manufacture unless an agreement or
determination under clause 24 (2) of the National Security (Wool) Regulations
has been made or the parties have agreed or the seller has declared in writing
that the contract should stand notwithstanding such Regulations or unless the
leave of the Minister is first obtained.
By
Authority: L. F. Johnston,
Commonwealth Government Printer, Canberra.