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

Overview

The Defence (Transitional Provisions) National Security (Apple and Pear Acquisition) Regulations, Statutory Rules 1951, No. 61, were introduced under the Defence (Transitional Provisions) Act 1946–1950 to address a gap in the compensation claims process for the acquisition of apples and pears grown in the states of New South Wales and Queensland. These regulations provide an extension for individuals who did not claim compensation within the original timeframe, allowing them to make a claim for compensation by 30th September 1951. The objective of these regulations is to ensure that those affected by the acquisition of their produce are given an opportunity to seek compensation, thereby addressing a potential oversight in the initial compensation process. Enacted by the relevant legislature and notified in the Gazette on 22nd June 1951, these regulations aim to provide fair treatment and due process for those impacted by the national security measures concerning apple and pear acquisitions.

Scope and Application

The Defence (Transitional Provisions) National Security (Apple and Pear Acquisition) Regulations 1951, which amend the National Security (Apple and Pear Acquisition) Regulations, pertain specifically to individuals or entities who had rights or interests in apples or pears grown in the states of New South Wales and Queensland and subsequently acquired under the regulations. The regulations extend to those who did not previously make a claim for compensation within the stipulated timeframe. This legislative instrument provides an extended deadline, granting such individuals or entities until 30th September 1951 to file their compensation claims. The regulations apply within the jurisdictional boundaries of the Commonwealth of Australia, as they are made under the Defence (Transitional Provisions) Act 1946–1950. There are no stated exclusions or exemptions within the scope of these regulations, and they do not specify any thresholds for eligibility. The application of these regulations is not extended or restricted through any subordinate instruments mentioned within this legislative text.

Key Provisions

The National Security (Apple and Pear Acquisition) Regulations, specifically Regulation 17, have been amended by inserting a new sub-regulation (4a). This new provision allows a person who had a right or interest in apples or pears grown in New South Wales and Queensland, and which were acquired under these Regulations, to make a compensation claim even if they did not do so within the specified time limit. The claim must now be made by the 30th of September, 1951. The amended Regulation 17 places an obligation on those who believe they had a right or interest in the acquired apples or pears but missed the original compensation claim deadline to now make a claim within the extended timeframe provided by the new sub-regulation (4a). This gives these individuals an additional opportunity to seek compensation for their lost interests. Breaching the terms set out in Regulation 17, such as failing to claim compensation within the newly specified period of 30th September, 1951, may result in the forfeiture of the right to seek compensation. There are no specific penalties outlined for such a breach in the legislative instrument; however, the consequence is the inability to make a claim for compensation. The regulation ensures that those who might have been overlooked or unable to claim compensation in the initial period can now have an opportunity to seek redress, thereby providing a measure of fairness and legal recourse. The maximum penalty for any breach of these provisions is not explicitly stated in the legislative instrument but revolves around the forfeiture of the right to claim compensation.