National Security (Agricultural Aids) Regulations (Amendment)

Legislation au C1944L00004 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1944. No. 4.

 

REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1943.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the National Security Act 1939-1943.

Dated this twelfth day of January, 1944.

GOWRIE

Governor-General.

By His Excellencys Command,

W. J. SCULLY

for and on behalf of the Minister of State for Defence.

 

Amendments of the National Security (Agricultural Aids) Regulations.†

Definitions.

1. Regulation 4 of the National Security (Agricultural Aids) Regulations is amended—

(a) by omitting the definition of agricultural aid and inserting in its stead the following definition:—

“‘agricultural aid means agricultural chemical, fertilizer, animal fertilizer and stock food;; and

(b) by adding at the end thereof the following definition:—

“‘stock food means food for livestock produced in whole or in part from—

(a) crops which are grown and harvested as hay, grain or roots, or as green crops for ensilage; or

(b) one or more kind of grain or nuts, or oil or juice or meat or bone or milk or other substance of a like nature.

* Notified in the Commonwealth Gazette on 13th January, 1944.

† Statutory Rules 1943, No, 136.

7753.—Price 3d.


Powers of Minister to make orders.

2. Regulation 7 of the National Security (Agricultural Aids) Regulations is amended by omitting sub-regulation (2.) and inserting in its stead the following sub-regulation:—

(2.) An order made under the last preceding sub-regulation—

(a) may provide that the prohibition or restriction shall be absolute or subject to such terms and conditions as the Minister thinks fit; and

(b) may contain such incidental and supplementary provisions as are necessary or expedient for the purposes of the order.

3. Regulation 10 of the National Security (Agricultural Aids) Regulations is omitted and the following regulation inserted in its stead:—

Returns to be furnished as required.

10.—(1.) The Minister may, by order, provide for the furnishing of such returns relating to agricultural aids as are, in his opinion, necessary or expedient for the purposes of these Regulations.

(2.) The Minister or a person authorized to act under this sub-regulation, may, by notice in writing served on any person, require that person to furnish such particulars, estimates or returns relating to any agricultural aid as are specified in the notice.

(3.) Where any such notice is published in the Gazette it shall be deemed to have been served on all persons affected thereby.

(4.) A person on whom any such notice is served or deemed to have been served shall comply with the requirements thereof.

 

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

Overview

The Statutory Rules of 1944, No. 4, Regulations under the National Security Act 1939-1943, were enacted to address the need for comprehensive regulation of agricultural aids during wartime. Made by the Governor-General in and over the Commonwealth of Australia, acting on the advice of the Federal Executive Council, these regulations sought to ensure the efficient use and distribution of essential agricultural resources. The amendments introduced by these regulations primarily focus on clarifying definitions and expanding the Minister's powers to manage agricultural aids more effectively. The policy objective behind these amendments was to support the agricultural sector's contribution to national security efforts during a time of war, ensuring that critical resources were allocated and monitored to meet the needs of both the civilian population and the military.

Scope and Application

The Statutory Rules 1944 No. 4, made under the National Security Act 1939-1943, amend the National Security (Agricultural Aids) Regulations. These regulations primarily apply to the control and regulation of agricultural aids, which now include agricultural chemicals, fertilizers, animal fertilizers, and stock food. The scope of the Act extends to the regulation of these products to ensure they are used in ways that support national security objectives, particularly during wartime. The Act applies to any person or entity involved in the production, distribution, or use of these agricultural aids within the Commonwealth of Australia. The amendments allow the Minister to issue orders that can either absolutely prohibit or restrict the use of these aids or impose conditions on their use, thereby providing flexibility in managing these resources effectively. The regulations also grant the Minister the power to require returns and specific information from affected parties, ensuring compliance and effective oversight of these critical supplies.

Key Provisions

The Statutory Rules of 1944, No. 4, made under the National Security Act 1939-1943, introduce amendments to the National Security (Agricultural Aids) Regulations. Key sections include the amendment of Regulation 4 to redefine "agricultural aid" to mean agricultural chemicals, fertilizers, animal fertilizers, and stock food (Regulation 1(a)). Additionally, the definition of "stock food" is introduced to include food for livestock derived from various crops or substances (Regulation 1(b)). Regulation 7 is revised to allow for orders that can impose absolute prohibitions or restrictions on agricultural aids, subject to terms and conditions deemed fit by the Minister, and to include necessary supplementary provisions (Regulation 2). Regulation 10 replaces the existing regulation to allow the Minister to require the submission of returns and particulars relating to agricultural aids as needed, with compliance mandated for those served with such notices (Regulation 3). The Regulations impose specific obligations on parties and entities involved in agricultural aids. Firstly, they mandate compliance with orders and notices issued by the Minister regarding the handling, distribution, and reporting of agricultural aids. The Minister has the authority to specify the terms and conditions under which agricultural aids may be used or restricted and can require the submission of detailed returns and estimates from affected parties (Regulation 2(2) and 3). This ensures that the Minister can effectively monitor and manage the supply and use of agricultural aids in line with national security objectives. Breaches of these Regulations can result in significant consequences. Although the exact nature of offences and penalties is not detailed within the text, it can be inferred that non-compliance with the Minister's orders and notices, or failure to provide required returns and particulars, could be treated as violations under the broader National Security Act 1939-1943. Such violations might lead to enforcement actions, fines, or other punitive measures as prescribed by the overarching legislation. The seriousness of these potential penalties underscores the importance of adhering to the Regulations to avoid legal repercussions.

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National Security Law
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Legislative Instrument
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Definitions & Interpretation
Reporting & Disclosure Obligations
Administrative Discretion

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.