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

Overview

Statutory Rules 1952, No. 47, issued under the Defence (Transitional Provisions) Act 1946-1951, pertains to the amendments of the National Security (Apple and Pear Acquisition) Regulations. Enacted by the Governor-General, acting on the advice of the Federal Executive Council, these regulations aim to streamline the transitional processes concerning the acquisition and marketing of apples and pears post-World War II. The overarching objective is to ensure a smooth and efficient transition from wartime controls to peacetime governance, thereby facilitating the re-establishment of normal commercial practices within the agricultural sector.

Scope and Application

The Statutory Rules of 1952, No. 47, under the Defence (Transitional Provisions) Act 1946-1951, concern amendments to the National Security (Apple and Pear Acquisition) Regulations. These regulations apply to the Australian Apple and Pear Marketing Board, its members, and their deputies, as well as to State Committees and their members, but exclude Advisory Committees. The amendments pertain to the definition of "member" within the context of the Board, the removal of specific sub-regulations and definitions, and the repeal of certain regulations that previously applied to State Committees, Advisory Committees, and related indemnities. The scope of the Act is focused on modifying the existing regulatory framework governing the acquisition of apples and pears for national security purposes, ensuring the Board's powers and functions are clearly defined and streamlined. The changes aim to simplify the regulatory environment by removing outdated or redundant provisions, enhancing the Board's operational efficiency, and ensuring the continuity of national security measures in the apple and pear industry.

Key Provisions

These Regulations, made under the Defence (Transitional Provisions) Act 1946-1951, amend the National Security (Apple and Pear Acquisition) Regulations by making several changes to definitions and provisions relating to the Australian Apple and Pear Marketing Board. Firstly, the Regulations clarify the definition of "member" to include the deputy of a member of the Board when exercising the powers and functions of that member (Regulation 2(b)). Secondly, they omit several sub-regulations that were previously part of Regulation 4 and Regulation 6 (Regulations 3 and 4 respectively). Thirdly, they amend Regulation 6A to remove references to members of State Committees (Regulation 5). Fourthly, they amend Regulation 6B to remove references to State Committees and Advisory Committees (Regulation 6). Fifthly, they repeal Regulation 6BA (Regulation 7). Sixthly, they amend Regulation 6C to remove references to members of State Committees and Advisory Committees (Regulation 8). Seventhly, they repeal Regulations 17A, 17B and 22 (Regulation 9). Eighthly, they repeal Regulation 23 and insert a new Regulation 23 that grants the Board powers to do all things necessary or convenient for giving effect to the Regulations, subject to the direction of the Minister (Regulation 10). Finally, they amend the Schedule to the Regulations by omitting Forms A, B and C (Regulation 11). The Regulations impose several obligations on the Australian Apple and Pear Marketing Board and its members. Firstly, they require the Board to include the deputy of a member when exercising the powers and functions of that member in the definition of "member" (Regulation 2(b)). Secondly, they require the Board to exercise its powers and perform its functions in accordance with the amended Regulations, including the new Regulation 23 that grants the Board broad powers to do all things necessary or convenient for giving effect to the Regulations (Regulation 10). Thirdly, they require the Board to comply with any direction of the Minister in the exercise of its powers under the Regulations (Regulation 10). Fourthly, they require the Board to ensure that its members and their deputies are indemnified against any liability incurred in the exercise of their powers and functions under the Regulations (Regulation 6(a) and (b)). The Regulations do not expressly provide for any offences or penalties for breach. However, the amended Regulation 23 grants the Board broad powers to do all things necessary or convenient for giving effect to the Regulations, subject to the direction of the Minister. It is possible that failure to comply with the Regulations or the direction of the Minister could result in civil or criminal consequences, depending on the nature of the breach and the applicable laws. The maximum penalties for any offences or breaches would depend on the specific laws and regulations that are applicable in each case.