National Security (Agricultural Aids) Regulations

Legislation au C1943L00136 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1943. No. 136.

 

REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1940.*

I, THE DEPUTY OF 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 1939-1940.

Dated this twentieth day of May, 1943.

Deputy of the Governor-General.

By His Excellency’s Command,

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

 

National Security (Agricultural Aids) Regulations.

Citation.

1. These Regulations may be cited as the National Security (Agricultural Aids) Regulations.

Administration.

2. These Regulations shall be administered by the Minister of State for Commerce and Agriculture.

Repeal.

3.—(1.) The National Security (Fertilizer Control) Regulations (being Statutory Rules 1942, No. 340) are repealed.

(2.) Any order made, or arrangement entered into, under the Regulations so repealed and in force immediately prior to the commencement of these Regulations shall continue in force as if made, or entered into, under these Regulations and, in the case of an order, may be rescinded, revoked, amended or varied by order made under these Regulations.

Definitions.

4. In these Regulations, unless the contrary intention appears—

“agricultural aid” means agricultural chemical, animal fertilizer, feeding meal and fertilizer;

“agricultural chemical” includes any spray, insecticide, fungicide, dip or drench, or constituent thereof, used in the agricultural or pastoral industries in Australia;

 

* Notified in the Commonwealth Gazette on      , 1943.

9133.—Price 3d.        8/27.4.1943.


“animal fertilizer” means processed fertilizer of animal origin, and includes dried blood, blood manure, blood and bone, flesh-offal and bone, and bone dust, and also includes any mixture containing any such fertilizer;

“feeding meal” means stock food of animal origin, and includes feeding blood meal, feeding meat meal and feeding meat and bone meal, and also includes any mixture containing any such stock food;

“fertilizer” includes all artificial and organic manures used in agricultural industries in Australia, and also includes fertilizer mixtures.

Objects.

5. The purpose of these Regulations is to secure that, for all purposes arising out of the war in which His Majesty is engaged, the manufacture, supply, distribution, purchase, sale, use and consumption of agricultural aids are controlled to the intent that preference shall be given to the requirements of users thereof according to the order of priority determined by the Minister and these Regulations shall be administered and construed accordingly.

Powers of Minister to purchase and sell agricultural aids.

6. The Minister may—

(a) purchase any agricultural aid; and

(b) use, sell, export or otherwise dispose of any agricultural aid so purchased.

Powers of Minister to make orders.

7.—(1.) The Minister may, by order, provide for the prohibition or restriction of the manufacture, purchase, sale, distribution, use, disposal or consumption of any agricultural aid.

(2.) Any such prohibition or restriction may be absolute or subject to such conditions as the Minister specifies in the order.

(3.) The Minister may, by order, require any owner of any agricultural aid, or any person having the disposal of any agricultural aid, to supply to such person as is named in the order, in priority to all other persons, such quantity of that agricultural aid of such grade, and within such reasonable period of time, as are specified in the order.

Manufacture of animal fertilizer and feeding meal.

8.—(1.) The Minister may, by order, provide that the quantity of animal fertilizer manufactured by any person shall not exceed a specified proportion of the feeding meal manufactured by that person or may provide that the quantity of feeding meal manufactured by any person shall not exceed a specified proportion of the animal fertilizer manufactured by that person.

(2.) Where any order under sub-regulation (1.) of this regulation applies in relation to the manufacture of feeding meal in any State the law of which does not provide a standard with which feeding meal manufactured in that State is required to comply, the Minister may, by order, prescribe the standard with which that feeding meal shall comply.

Arrangements with States.

9. The Governor-General may enter into an arrangement with, the Governor of any State providing for any matter necessary or convenient for the purpose of carrying out or giving effect to these Regulations.

Returns to be furnished if required.

10. The Minister may, by order, provide for the furnishing of such returns relating to agricultural aids as are specified in the order.

Powers of inspection.

11. For the purpose of these Regulations, any person thereto authorized in writing by the Minister, or by a person to whom the powers of the Minister under this regulation have been delegated, may, at all reasonable times, enter any premises and inspect any stocks of any agricultural aid and any accounts, books and documents relating to any agricultural aid or to the use of any agricultural aid.

Incidental provisions in orders.

12. Any order under these Regulations may contain such incidental and supplementary provisions as are necessary or expedient for the purposes of the order.

 

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

Overview

The National Security (Agricultural Aids) Regulations, enacted in 1943 under the National Security Act 1939-1940, were introduced to address the urgent need for controlling the manufacture, supply, distribution, purchase, sale, use, and consumption of agricultural aids during wartime. This was necessitated by the war in which Australia was engaged and the imperative to prioritise the requirements of essential users. Administered by the Minister of State for Commerce and Agriculture, the Regulations aimed to ensure that agricultural aids such as chemicals, fertilizers, and feeding meals were managed efficiently to support national security efforts. The primary policy objective was to facilitate the orderly and prioritised distribution of these critical resources to those who needed them most for agricultural purposes.

Scope and Application

The National Security (Agricultural Aids) Regulations, made under the National Security Act 1939-1940, apply to the manufacture, supply, distribution, purchase, sale, use, and consumption of agricultural aids within Australia, including agricultural chemicals, animal fertilizers, feeding meals, and fertilizers. These Regulations are administered by the Minister of State for Commerce and Agriculture and are intended to ensure that the use of agricultural aids is controlled to prioritise the needs of users in accordance with the Minister’s determined order of priority, in light of the wartime context. The Regulations provide the Minister with the authority to purchase, sell, export, or otherwise dispose of agricultural aids, to make orders prohibiting or restricting the manufacture, purchase, sale, distribution, use, disposal, or consumption of these aids, and to require certain owners or persons to supply specified quantities of agricultural aids to designated individuals or entities. Furthermore, the Minister can regulate the manufacture of animal fertilizers and feeding meals by setting production limits and standards, particularly in states where specific manufacturing standards do not exist. These Regulations also empower the Governor-General to enter into arrangements with state governors for the effective implementation of these provisions. The Minister can also mandate the submission of returns relating to agricultural aids and authorise inspections of premises and stocks of agricultural aids by authorised personnel.

Key Provisions

The National Security (Agricultural Aids) Regulations (Regulations) detail key provisions regarding the control and distribution of agricultural aids, such as agricultural chemicals, animal fertilizers, feeding meals, and fertilizers, to ensure these resources are prioritised for essential needs during wartime (Regulations 5, 6, 7). The Regulations are administered by the Minister of State for Commerce and Agriculture (Regulation 2). They allow the Minister to purchase, sell, or otherwise dispose of agricultural aids (Regulation 6). The Minister can also issue orders to prohibit or restrict the manufacture, purchase, sale, distribution, use, disposal, or consumption of these aids, either absolutely or with specified conditions (Regulation 7). Additionally, the Minister can mandate the supply of specific quantities of agricultural aids to designated persons in priority to others (Regulation 7). The Regulations further permit the Minister to limit the quantities of animal fertilizers and feeding meals that can be manufactured by any person, relative to each other, and to set standards for feeding meal where state laws do not already provide such standards (Regulation 8). They also enable the Governor-General to enter into arrangements with state governors for matters pertinent to the Regulations' implementation (Regulation 9). Furthermore, the Minister can require the submission of returns regarding agricultural aids (Regulation 10) and authorise inspections of premises and records related to agricultural aids (Regulation 11). These orders may include incidental provisions deemed necessary for the order's execution (Regulation 12). The Regulations impose obligations on the Minister of State for Commerce and Agriculture to control the distribution and use of agricultural aids, ensuring that wartime needs are met in a prioritised manner (Regulations 5, 6, 7, 8, 9, 10, 11). The Minister must administer the Regulations, make necessary orders, and enforce compliance through inspections and the collection of returns. The Regulations also impose a duty on any person who owns or has the disposal of an agricultural aid to supply such aid to the Minister or a specified person if directed by an order, ensuring that priority needs are fulfilled (Regulation 7). Persons involved in the manufacture, sale, or distribution of agricultural aids must comply with any orders made under the Regulations and adhere to the specified standards and restrictions. Breaches of the Regulations may result in various consequences. The Regulations do not explicitly detail offences or penalties within the text provided. However, given the context of wartime measures and the broad powers granted to the Minister, it can be inferred that non-compliance with orders or regulations could potentially lead to criminal or civil penalties, depending on the severity of the breach and the specific provisions of the National Security Act 1939-1940. The penalties could range from fines to imprisonment, reflecting the critical nature of ensuring agricultural aid availability during wartime.

Legal classification tags

Area of Law
National Security Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Regulatory Standards
Prohibited Conduct

Interactions

Authorises

All Versions

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.