STATUTORY RULES.
1939. No. 146.
REGULATIONS RELATING TO THE ACQUISITION OF BARLEY.*
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 Ninth day of November, 1939.
Governor-General.
By His Excellency’s Command,
For Minister of State for Defence.
Amendments of Australian Barley Board Regulations.†
Definitions.
1. Regulation 2 of the Australian Barley Board Regulations is amended by inserting before the definition of “the Board” the following definitions:—
“‘Committee’ means an Advisory Committee constituted under these Regulations;
‘licensed receiver’ means a person licensed by the Board to receive barley on behalf of the Commonwealth;”.
Australian Barley Board.
2. Regulation 3 of the Australian Barley Board Regulations is amended by omitting the words “purpose of advising the Commonwealth on matters concerning any regulation or control of the barley industry which may be necessitated by the effects of the present war upon that industry” and inserting in their stead the words “purposes of these Regulations”.
3. After regulation 9 of the Australian Barley Board Regulations the following Regulations are inserted:—
Advisory Committees.
“9a.—(1.) For the purposes of these Regulations there shall be an Advisory Committee appointed for each State which shall consist of such persons as are appointed by the Minister by notice published in the Gazette and who shall hold office during the pleasure of the Minister.
* Notified in the Commonwealth Gazette on , 1939.
† Statutory Rules 1939, No. 128.
6576.—20/3.11.1939.—Price 5d.
(2.) The Minister may appoint one member of each Committee to be the Chairman of that Committee.
(3.) The quorum of any Committee shall be such number of members as the Minister from time to time directs.
(4.) At any meeting of a Committee, the Chairman shall have a deliberative vote and, in the case of an equality of votes, shall also have a casting vote.
(5.) All questions before a Committee shall be decided by a majority of votes.
(6.) Any member of the Board shall have the right attend and take part in the proceedings of any meeting of a Committee but, unless he is a member of that Committee, shall not vote or be counted in any quorum.
Duties and powers of Committees.
“9b. A Committee shall have such duties, powers and functions as those Regulations confer or as the Board thinks fit, but shall exercise all its duties, powers and functions subject to any direction which the Board may give.
Licensed receivers.
“9c.—(1.) The Board may license, subject to such conditions as are specified in the licence, any person, firm, company or State authority to receive and deal with barley on behalf of the Commonwealth and may cancel or suspend any such licence.
(2.) The Board may license a maltster to receive only barley which he intends to purchase from the Commonwealth for his own use in which case that maltster shall be a licensed receiver in respect of only such barley as he so intends to purchase and no barley shall be delivered to him other than that which he selects.
(3.) Sub-regulation (2.) of this regulation shall not be construed as limiting the power of the Board to license a maltster to receive any barley.
Overseas agent.
“9d. The Board may, subject to the approval of the Minister, enter into any agreement with any person, company or governmental authority in any place outside Australia providing for that person, company or authority to act as the agent of the Board in respect of such matters and for such remuneration as is provided in the agreement.
Fees and expenses.
4. Regulation 10 of the Australian Barley Board Regulations is amended—
(a) by inserting after the word “Board” the words “or of a Committee”; and
(b) by adding at the end thereof the following sub-regulation:—
“(2.) There shall be payable to any licensed receiver, as remuneration for his services and for any facilities made available by him for the classification, storage, protection, treatment, handling, transfer and shipping of barley, and for any expenses properly incurred by him, such amount as the Minister from time to time determines”.
5. After regulation 10 of the Australian Barley Board Regulations the following Regulations and Schedule are added:—
Expropriation of barley.
“11. For securing the public safety and the defence of the Commonwealth and the Territories of the Commonwealth, for the efficient prosecution of the war, and for maintaining supplies and services essential to the life of the community, the Minister may, from time to time, by order published in the Gazette, declare that any barley described in the order is acquired by the Commonwealth and that barley shall thereupon become the absolute property of the Commonwealth, freed from all mortgages, charges, liens, pledges, interests and trusts affecting that barley, and the rights and interests of every person in that barley (including any rights or interests arising in respect of any moneys advanced in respect of that barley) are hereby converted into claims for compensation.
Returns.
“12. All persons having barley acquired by the Commonwealth in their possession, control or disposal on the date of the publication of an order describing that barley shall, within fourteen days of that publication, furnish to the Board a return in accordance with Form A in the Schedule to these Regulations.
Delivery of barley.
“13. Any person having barley acquired by the Commonwealth in his possession, control or disposal may deliver or consign that barley to a licensed receiver or, on receipt of a notice in writing from the Board (or from the Chairman of a Committee authorized in that behalf by the Board) requiring him to deliver or consign that barley to a licensed receiver specified in the notice, shall deliver or consign (as the case may be) the barley to that licensed receiver within the time specified in the notice.
No person to deliver barley except as provided.
“14. Except as provided in regulation 13 of these Regulations, or with the consent of the Board, no person shall—
(a) use or part with the possession of any barley acquired by the Commonwealth which is held in his possession; or
(b) take into his possession any barley which is the property of the Commonwealth.
Licensed receiver to hold barley.
“15. A licensed receiver shall hold all barley acquired by the Commonwealth, which is at any time in his possession, on behalf of the Commonwealth, and shall not use or part with the possession of any such barley except in accordance with permission or instructions from the Board or from the Chairman of a Committee authorized in that behalf by the Board.
Compensation.
“16.—(1.) Upon delivery or consignment of any barley in accordance with regulation 13 of these Regulations every person having any right or interest in that barley may forward to the Board a claim for compensation in accordance with Form B in the Schedule to these Regulations and shall be entitled to be paid such amount of compensation as the Minister, after taking into consideration the recommendation of the Board, determines.
(2.) It shall not be necessary for the Minister to make a determination in pursuance of sub-regulation (1.) of this regulation until, in his opinion, a sufficient quantity of any barley acquired by the Commonwealth has been disposed of to enable the Board to make a just recommendation, but the Minister may, in his absolute discretion, make any payment on account of any claim notwithstanding that no determination in respect of that claim has been made.
Contracts for sale of barley.
“17.—(1.) Every contract relating to the sale or delivery of any barley acquired by the Commonwealth, entered into before the acquisition of that barley, is hereby declared to be void and of no effect insofar as that contract has not been completed by delivery.
(2.) Any transaction or contract with respect to any barley 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 effect, and any money paid in respect of any contract hereby made void or of any such transaction shall be repaid.
(3.) No action for the enforcement or for damages for breach of any contract of the kind specified in sub-regulation (1.) or (2.) of this regulation, whether the contract was entered into or is to be performed in Australia or elsewhere, shall, insofar as that contract has not been completed by delivery prior to the acquisition of that barley, be brought in any Federal or State Court or Court of a Territory under the authority of the Commonwealth.
Return of contracts.
“18. All persons who are parties to any contract relating to the sale of any barley, whether entered into prior to or after the date of the commencement of these Regulations, and which has not, prior to the date of that commencement, been completed by delivery, shall, within fourteen days of that commencement, or of entering into the contract, whichever is the later date, furnish to the Board a return in accordance with Form C in the Schedule to these Regulations.
Power to enter and search for barley.
“19. Any member of the Police Force of the Commonwealth or of a State or Territory authorized so to do by the Board or a Committee may, at any time in the day or night, enter and search any premises or vessel, or part thereof, where any barley acquired by the Commonwealth is or is suspected to be and, if necessary for that purpose, may break into and use force to enter such premises or vessel or part.
Inspection of stocks, books, &c.
“20. For the purposes of these Regulations, any person thereto authorized by the Board may, at all reasonable times, enter any premises and inspect any stocks of barley and any accounts, books and documents relating to any barley.
Proper care of Commonwealth barley to be taken.
“21. Any person having any barley the property of the Commonwealth in his possession or under his care shall exercise proper care and take all proper and reasonable precautions and do all things necessary to preserve and safeguard that barley and to keep it free from any damage or deterioration whatsoever.
Dealing in barley by Commonwealth.
“22. The Commonwealth, may purchase any barley and may use or sell or otherwise dispose of any barley acquired or purchased by it as it deems necessary for securing the public safety and the defence of the Commonwealth and the Territories of the Commonwealth, for the efficient prosecution of the war, or for maintaining supplies and services essential to the life of the community.
Powers of Board.
“23. On behalf of the Commonwealth and subject to any directions of the Minister, the Board may—
(a) purchase any barley;
(b) sell or dispose of any barley acquired or purchased by the Commonwealth;
(c) manage and control all matters connected with the classification, handling, storage, protection, treatment, transfer or shipment of any barley acquired by the Commonwealth or of any barley sold or disposed of by the Commonwealth or by the Board on behalf of the Commonwealth; and
(d) do all matters which it is required by these Regulations to do or which are necessary or convenient for giving effect to these Regulations.
Finance.
“24.—(1.) The Board shall open and maintain an account at the Commonwealth Bank of Australia into which it shall pay all moneys received in respect of sales of barley or otherwise, and any moneys appropriated by the Parliament or borrowed by the Minister for use by the Board on behalf of the Commonwealth.
(2.) Out of the moneys standing to the credit of the account the Board shall defray all costs and expenses of administering these Regulations and make all payments in respect of compensation and any other payments authorized to be made by these Regulations.
(3.) The accounts of the Board shall show separately the receipts and payments in respect of the different grades of barley.
(4.) The accounts of the Board shall be subject to audit by the Auditor-General.
Arrangement with Commonwealth Bank for advances.
“25. The Minister may arrange with the Commonwealth Bank of Australia for the making by that Bank of advances to the Commonwealth for use on its behalf by the Board for the purposes of these Regulations, and may guarantee to that Bank the re-payment, out of moneys lawfully made available by the Parliament, of any advance made by the Bank in pursuance of the arrangement.
False returns.
“26. Any person who furnishes any return required to be furnished by these Regulations which is false in any particular shall be guilty of an offence against the National Security Act 1939.
Licensed receiver not to offer special inducement.
“27. A licensed receiver shall not directly or indirectly offer any bribe or special inducement with the object of obtaining deliveries of barley.
Application of Acts Interpretation Act 1901-1937, s. 29.
“28. Section twenty-nine of the Acts Interpretation Act 1901-1937 shall apply to any reference in these Regulations to the receipt of any notice as if that reference were to the giving of any notice.
“THE SCHEDULE.
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Form A.
Reg. 12.
Barley Acquisition Regulations.
RETURN SHOWING PARTICULARS OF BARLEY STOCKS AS AT
Name of person submitting Return
Address
State of
Bagged Barley—Held or in Transit. | ||||||||
Two Row Barley (Quantity in bushels (ingoing weights)). | ||||||||
— | Superior. | No. 1. | No. 2. | No. 3. | Feed. | Total. | Where stacked. | Charges to convert to Sea-Board Basis. |
As Owner. |
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On Storage. |
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Cape Barley........... |
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As Owner. |
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On Storage. |
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I, declare that, to the best of my knowledge and belief, the information given in this Return is true and correct in every particular.
Date
Signature.
(To be furnished to the Australian Barley Board within fourteen days of the publication in the Gazette of an order acquiring the barley.)
Form B.
Reg. 16.
Barley Acquisition Regulations.
CLAIM FOR COMPENSATION WITH RESPECT TO BARLEY DELIVERED OR CONSIGNED IN ACCORDANCE WITH REGULATION 13.
Submitted by
Name
Address
Name of person from whom Barley, the subject of the Claim, was acquired by the Commonwealth |
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Address |
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Quantity of Barley in which right or interest is claimed | bushels. |
The Schedule—continued.
| 2-row Barley | Cape Barley | ||
| Superior | Bushels | Superior | Bushels |
Quality of Barley in which right or interest is claimed | No. 1 | Bushels | No. 1 | Bushels |
No. 2 | Bushels | No. 2 | Bushels | |
No. 3 | Bushels | No. 3 | Bushels | |
Feed | Bushels | Feed | Bushels | |
Name and Address of Licensed Receiver to whom the Barley has been delivered or consigned |
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Date of Delivery or consignment Licensed Receiver’s Receipt No. |
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Particulars of right or interest on which claim is based |
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I, declare that, to the best of my knowledge and belief, the information given in this return is true and correct in every particular.
Date
Signature
Form C.
Reg. 18.
Barley Acquisition Regulations.
RETURN OF CONTRACTS FOR SALES OF BARLEY NOT COMPLETED BY DELIVERY PRIOR TO 1939.
Submitted by:—
Name
Address
Date of Contract. | Other Party to Contract. | Quantity of Barley Involved in Contract. | Quantity Delivered under Terms of Contract. | Price per Bushel as per Contract | Conditions of Delivery. | |
Name. | Address. | |||||
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| (Bushels.) | (Bushels.) |
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I, declare that, to the best of my knowledge and belief, the information given in this Return is true and correct in every particular.
Date
Signature
(To be furnished to the Australian Barley Board within fourteen days of the date of commencement of the Barley Acquisition Regulations ( ), or within fourteen days of entering into the contract, whichever is the later date.)”.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.