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

Overview

The Statutory Rules 1942 No. 252, enacted under the National Security Act 1939–1940, addresses the need for stringent control over the sale and disposal of apples and pears during wartime to ensure national security and resource management. This legislative instrument, issued by the Governor-General on behalf of the Minister of State for Defence, amends the National Security (Apple and Pear Acquisition) Regulations to provide the Board with the authority to specify conditions under which apples and pears may be further sold or disposed of. This regulation aims to maintain strict oversight and prevent unauthorised sales of these commodities, ensuring that they are distributed in a manner consistent with national security objectives. The enactment of this regulation underscores the government's commitment to efficiently manage and control essential resources during periods of national crisis.

Scope and Application

The National Security (Apple and Pear Acquisition) Regulations, as amended by Statutory Rules 1942, No. 252, apply to the sale and disposal of apples and pears within the Commonwealth of Australia. This regulation is a legislative instrument made under the National Security Act 1939–1940, and it specifically governs the conditions under which apples and pears can be sold or otherwise disposed of once they have been acquired by the Board. The regulations apply to all persons engaged in the sale or disposal of apples and pears, requiring them to keep detailed records of purchases and sales of one bushel or more and to retain these records for a specified period after the war. The Board has the authority to specify conditions that apply to apples or pears generally, those of a particular class, those sold in a specific area or on a particular day, or to specific classes or groups of persons. Any person to whom these conditions apply must adhere to them when selling or disposing of apples or pears. This regulation underscores the stringent control measures implemented during times of national security to manage the distribution and sale of certain agricultural products.

Key Provisions

The operative sections of this regulation, found under Regulation 23b of the National Security (Apple and Pear Acquisition) Regulations, primarily address the conditions governing the subsequent sale or disposal of apples and pears by the Board. According to Regulation 23b(1), the Board has the authority to specify the conditions under which apples and pears, once sold or otherwise disposed of by the Board, may be subsequently sold or disposed of. These conditions can be tailored to apply to various scenarios, including specific classes of apples or pears (Regulation 23b(2)(a)-(b)), sales or disposals in particular areas or on particular days (Regulation 23b(2)(c)), or to specific classes of persons or geographical areas (Regulation 23b(2)(d)). Regulation 23b(3) mandates that any person subject to these conditions must adhere to them when selling or disposing of apples or pears. Furthermore, Regulation 23b(4) requires all individuals involved in the sale or disposal of apples or pears, particularly those selling in quantities of one bushel or more, to maintain records of their purchases and sales and preserve all related documents for a period of six months post-war or until the Board authorises their destruction, whichever comes first. The Act imposes several obligations on the parties it governs. Primarily, the Board is tasked with specifying the conditions under which apples and pears, once sold or disposed of, can be subsequently sold or disposed of. This is clearly outlined in Regulation 23b(1). Additionally, any person to whom these conditions apply must strictly adhere to the specified conditions when engaging in the sale or disposal of apples or pears, as stated in Regulation 23b(3). Furthermore, individuals involved in the sale or disposal of apples or pears, particularly in quantities of one bushel or more, are required to keep detailed records of their purchases and sales and retain all relevant documents for a period of six months after the end of the war or until the Board permits their destruction, as stipulated in Regulation 23b(4). The regulation also outlines potential consequences for non-compliance. While the specific offences and penalties are not explicitly stated in the text, it is implied that any failure to comply with the specified conditions for the sale or disposal of apples or pears could lead to legal repercussions. Additionally, the requirement to maintain records and preserve documents until authorised for destruction by the Board is crucial. Non-compliance with these record-keeping obligations could result in enforcement actions against the offending party, although the exact nature of these actions is not detailed in the provided text.