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

Overview

Statutory Rules 1942, No. 137, made under the National Security Act 1939-1940, was enacted to address issues concerning the illegal sale of apples and pears. This regulation was introduced during a period of heightened national security concerns, aiming to control and monitor the sale of these commodities to prevent any unauthorised transactions. The enacting body was the Federal Executive Council, acting on the advice of the Governor-General, which underscores the urgency and significance of the regulation during wartime. The primary policy objective was to ensure that the sale of apples and pears was conducted only through approved channels, thereby maintaining the integrity and security of food distribution in the context of national emergency.

Scope and Application

The regulation, being Statutory Rules 1942, No. 137, amends the National Security (Apple and Pear Acquisition) Regulations by introducing a new regulation 23c. This amendment applies to owners or persons in control of markets or places where apples or pears are sold, ensuring they comply with the regulation to prevent illegal sales. The regulation's scope encompasses any market or place where fruit is sold, and it extends to the entire Commonwealth of Australia as it is made under the National Security Act 1939-1940. The regulation does not specify any exclusions or exemptions but mandates that if the Board deems illegal sales to be occurring, it can declare the market or place subject to the regulation, thereby prohibiting unauthorised sales until the declaration is revoked. The regulation further restricts the sale of apples or pears to only those persons approved by the Board and duly notified to the market or place's owner or controller. This amendment underscores the Commonwealth's jurisdiction to regulate and enforce compliance in the sale of apples and pears during the period covered by the National Security Act.

Key Provisions

The new regulation, Regulation 23c, introduces a significant provision aimed at curbing the illegal sale of apples and pears. Specifically, it empowers the Board to declare a market or other fruit-selling location as subject to the regulation if it is found to be used for the illegal sale of apples or pears (Regulation 23c(1)). Once a location is declared, the owner or the person in control must not allow the sale or offer for sale of apples or pears unless it is conducted by a person approved by the Board and duly notified in writing to the owner or controlling person (Regulation 23c(2)). This measure is intended to ensure that only authorised sellers can trade in these markets, thereby maintaining compliance with the existing regulations. The obligations under this regulation primarily fall on the owners and controllers of markets or places where fruit is sold. They must prevent the sale or offer for sale of apples or pears by unauthorised persons, ensuring that only approved sellers, as notified by the Board, are permitted to conduct such sales. This requirement necessitates vigilant oversight and control of the premises to avoid any illegal transactions. The regulation places a clear responsibility on these individuals to cooperate with the Board by not allowing any unapproved sales activities within the declared markets or places. Failure to comply with the provisions of this regulation can lead to significant consequences. While the regulation does not explicitly state the penalties for non-compliance, it can be inferred that breaches of the regulation may result in enforcement actions under the National Security Act 1939-1940. Such actions could include fines, legal proceedings, or other administrative penalties as deemed appropriate by the authorities. The severity of the consequences highlights the importance of adhering to the regulation to avoid potential legal repercussions.