National Security (Apple and Pear Acquisition) Regulations (Amendment)

Overview

The Statutory Rules 1940, No. 13, titled "Regulations Relating to the Acquisition of Apples and Pears," were enacted to amend the National Security (Apple and Pear Acquisition) Regulations under the authority of the National Security Act 1939. This legislative instrument was introduced to address issues concerning the acquisition of apples and pears during a period of national security concern, ensuring that the operations of the Apple and Pear Organization, as established by the Apple and Pear Organization Act 1938, are effectively managed and compensated in line with national priorities. The regulations were made by the Governor-General in Council, acting on the advice of the Minister of State for Defence Co-ordination, with the overarching policy objective of streamlining the acquisition process and ensuring efficient management of resources within the apple and pear sector. These amendments to the regulations were intended to address specific gaps in the original legislative framework by clarifying the remuneration for the Chairman of the Board, allowing for the appointment of additional officers and casual employees by the Board, and establishing protocols for the Marketing Committee, including the appointment of proxies and the co-option of advisors. This legislative instrument aimed to provide greater flexibility and efficiency in the administration of apple and pear acquisition, thereby supporting national security efforts during a critical period.

Scope and Application

The Regulations Relating to the Acquisition of Apples and Pears are part of the legislative framework under the Apple and Pear Organization Act 1938, focusing on the regulation and management of apple and pear acquisitions for national security purposes. These regulations apply to the Chairman of the Board and other officers of the Board appointed under the Apple and Pear Organization Act, as well as any additional officers or casual employees appointed under these regulations. The Board has the authority to set remuneration and employment conditions for its officers, with exceptions for remuneration exceeding Five hundred pounds per annum, which is directed by the Governor-General. Furthermore, the Marketing Committee, which may include co-opted members in an advisory capacity, is subject to these regulations, with provisions for proxy representation and the direction of fees and expenses for committee attendance. The geographic reach of these regulations is national, applying across the Commonwealth of Australia as determined by the relevant authorities under the National Security Act 1939.

Key Provisions

The Regulations Relating to the Acquisition of Apples and Pears, particularly as amended by Statutory Rules 1940, No. 13, introduce several key provisions under the Apple and Pear Organization Act 1938. Regulation 4(2) mandates that the Chairman of the Board shall not receive any fees, except for travel expenses, for attending meetings or conducting Board business. Instead, the Chairman will be paid a salary as directed by the Governor-General. Additionally, Regulation 4(3) allows the Board to appoint additional officers and casual employees under these Regulations, with remuneration directed by the Minister, except where it exceeds 500 pounds per annum, which then requires direction from the Governor-General. The obligations imposed by these Regulations include the payment of salaries and fees to Board members and employees as per the directions of either the Governor-General or the Minister. For the Marketing Committee, Regulation 5(1a) allows the Minister to appoint a proxy for any member unable to attend meetings, granting the proxy all powers and functions of the absent member. Regulation 5(1b) also permits the Marketing Committee to co-opt individuals to attend meetings, but such individuals can only act in an advisory capacity. Furthermore, Regulation 5(1c) stipulates that any proxy or co-opted individual is entitled to receive fees and expenses as directed by the Minister. Lastly, Regulation 6 adds that State Committees are to be paid fees and expenses as directed by the Minister. Breaches of these Regulations may lead to civil or criminal consequences. Although the specific offences, penalties, or consequences are not detailed in the text, they likely include fines, imprisonment, or other penalties as prescribed by the relevant acts and regulations. The exact penalties would depend on the nature and severity of the breach, and would be determined in accordance with the overarching legal framework within which these Regulations operate.