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

Legislation au C1941L00079 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1941. No. 79.

–––––

REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1940.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the National Security Act 1939-1940.

Dated this fourth

day of April , 1941.

Governor-General.

By His Excellency’s Command,

for and on behalf of the Minister of State for Defence Co-ordination.

———

Amendments of the National Security (Apple and Pear Acquisition) Regulations. †

Definitions.

1. Regulation 3 of the National Security (Apple and Pear Acquisition) Regulations is amended—

(a) by inserting, before the definition of “Committee”, the following definition:—

“‘agent’ means a person appointed by the Board to receive and deal with apples and pears on behalf of the Commonwealth;”;

(b) by omitting the definition of “licensed agent”; and

“‘the Deputy Chairman’ means the Deputy Chairman of the Board;”.

State Committees.

2.—(1.) Regulation 6 of the National Security (Apple and Pear Acquisition) Regulations is amended—

(a) by inserting in sub-regulation (3.), after the word “confer”, the words “on it”; and

* Notified in the Commonwealth Gazette on , 1941.

† Statutory Rules 1939, No. 148, as amended by Statutory Rules 1940, Nos. 13, 38, 60, 276, 283 and 295

643.—15/27.3.1941.—Price 3d.

(b) by omitting sub-regulations (9.) and (10.) and inserting in their stead the following sub-regulations:—

“(9.) The Chairman or (subject to any contrary direction of the Chairman) the Deputy Chairman, or any person authorized by the Chairman or (subject to any contrary direction of the Chairman) by the Deputy Chairman, shall have the right to attend and take part in the proceedings of any meeting of a Committee but shall not vote or be included in any quorum.

“(10.) A Committee may co-opt any person to attend such meetings of the Committee as the Committee determines but any person so co-opted shall act in an advisory capacity only.

“‘(11.) The Minister may direct that any person so co-opted by a Committee shall, in respect of his attendance at any meeting of a Committee, receive such fees and expenses as the Minister thinks fit and the person shall thereupon be entitled to receive such fees and expenses accordingly.”.

(2.) The last preceding sub-regulation, in so far as it inserts sub-regulation (11.) of regulation 6, shall be deemed to have come into operation on the sixth day of December, One thousand nine hundred and forty.

Returns.

3. Regulation 13 of the National Security (Apple and Pear Acquisition) Regulations is amended by omitting the words “fourteen days of that acquisition” and inserting in their stead the words “seven days of that acquisition, unless the apples or pears are sooner delivered to the Board in accordance with regulation 14 of these Regulations”.

Delivery of apples and pears.

4. Regulation 14 of the National Security (Apple and Pear Acquisition) Regulations is amended—

(a) by omitting the words “(or from or on behalf of the Chairman of a Committee)” and inserting in their stead the words the Chairman, the Deputy Chairman or the Chairman of a Committee (or from any person authorized by the Board, the Chairman, the Deputy Chairman or the Chairman of a Committee) “; and

(b) by inserting after the word “pears” (last occurring) the words “, packed and prepared in the manner specified in the notice.”.

Use of fruit for certain purposes.

5. Regulation 14a of the National Security (Apple and Pear Acquisition) Regulations is amended by omitting the word “may—” and paragraphs (a) and (b) and inserting in their stead the words “may, subject to any contrary direction of, or to any terms and conditions directed by, the Board, use any such apples and pears for his own domestic purposes,”.

Fruit unfit for marketing.

6. Regulation 14b of the National Security (Apple and Pear Acquisition) Regulations is amended by omitting from sub-regulation (1.) the words “the grower of the apples and pears may, subject to any contrary direction of the Board,’’ and inserting in their stead the

words “but subject to any contrary direction of the Board, the grower may, on any land owned or leased by him of which the orchard on which the apples or pears were grown forms part,”.

No person to deliver apples and pears.

7. Regulation 15 of the National Security (Apple and Pear Acquisition) Regulations is amended by inserting after the word “possession” (wherever occurring) the words “or custody”.

Agents to hold apples and pears.

8. Regulation 16 of the National Security (Apple and Pear Acquisition) Regulations is amended by inserting alter the word “possession” (wherever occurring) the words “or custody”.

Compensation.

9. Regulation 17 of the National Security (Apple and Pear Acquisition) Regulations is amended by inserting after sub-regulation (3.) the following sub-regulation:—

“(3a.) Where any advance has been made in pursuance of the last preceding sub-regulation in respect of any apples or pears, and the compensation payable in respect of the acquisition of those apples and pears is less than the amount of the advance, the amount of the difference shall be recoverable by the Commonwealth as a debt due to the Crown.”.

Deductions for insurance against hail.

10. After regulation 17 of the National Security (Apple and Pear Acquisition) Regulations the following regulation is inserted:—

“17a. Where the legislation of any State makes provision for compulsory insurance against damage by hail to apples or pears, the Board may enter into an arrangement with that State for the deduction by the Board, from any amount of compensation payable under these Regulations to a grower, of the premiums due to the State by that grower in respect of the insurance and may, in pursuance of any such arrangement, make such deductions accordingly and pay the amounts so deducted to the State.”.

Power to enter and search for apples and pears.

11. Regulation 19 of the National Security (Apple and Pear Acquisition) Regulations is amended—

(a) by omitting the words “Any member of the Police Force of the Commonwealth or of a State or Territory authorized so to do by the Board or by a Committee “and inserting in their stead the words “Any constable authorized so to do by the Board, the Chairman, the Deputy Chairman, or by the Chairman of a Committee”;

(b) by omitting the words “or vessel” (first occurring) and inserting in their stead the words ‘‘, vessel or vehicle”; and

Inspection of stocks, books, &c.

12. Regulation 20 of the National Security (Apple and Pear Acquisition) Regulations is amended by inserting after the word “Board” the words “, the Chairman, the Deputy Chairman or by the Chairman of a Committee”.

13. After regulation 20 of the National Security (Apple and Pear Acquisition) Regulations the following regulation is inserted:—

Records and books of account to be kept.

“20a.—(1.) Every agent and every other person (other than a grower) into whose possession, custody or control any apples or pears the property of the Commonwealth passes shall keep proper records and books of account in relation to the receipt and disposal of those apples or pears.

“(2.) Every person required by the last preceding sub-regulation to keep proper records and books of account shall preserve those records and books of account for a period of two years after the date of the transaction to which the records or books of account relate.”.

14. After regulation 23 of the National Security (Apple and Pear Acquisition) Regulations the following regulations are inserted:—

Apples and pears not to be placed in cool store without consent.

“23a.—(1.) A person being the owner of, or having in his possession or control, any apples or pears which have been purchased either directly or indirectly from the Board, and which are held for re-sale, whether by that person or by some other person, shall not—

(a) without the consent of the Board, cause or permit the apples or pears to be placed in cold storage; or

(b) where the Board has given its consent for the apples or pears to be placed in cold storage for a specified period, cause or permit the apples or pears to remain in cold storage after the expiration of that period.

(2.) For the purposes of this regulation “cold storage” means storage in a place in which the temperature may be regulated or reduced below normal by artificial means.

Board may sell apples and pears subject to conditions.

“23b.—(1.) Where the Board sells or otherwise disposes of any apples or pears, it may specify conditions relating to any further sale or disposal of those apples or pears.

(2.) A person who purchases or otherwise acquires apples or pears from the Board in respect of which any such conditions have been specified shall—

(a) comply with those conditions; and

(b) in the event of his selling or otherwise disposing of the apples or pears to any other person, notify that other person in writing of the conditions attaching to those apples or pears and the other person shall comply with those conditions as if he had purchased or otherwise acquired the apples or pears from the Board:

Provided that nothing in this paragraph shall apply so as to require a notice of any conditions to be given to any person in respect of any apples or pears sold to that person by retail.”.

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.

Overview

The Statutory Rules 1941 No. 79, made under the National Security Act 1939-1940, were introduced to provide for the acquisition of apples and pears for national security purposes during a time of war. Enacted by the Governor-General in Council, these regulations aimed to address the need for the Commonwealth to control and manage the supply of these fruits to ensure their availability for essential purposes. The policy objective behind these regulations was to secure a stable supply of apples and pears for domestic use and to prevent their diversion to the enemy or to the black market. The regulations allowed the Board to appoint agents, set conditions for the use and storage of the acquired fruits, and establish mechanisms for compensation and recovery of advances.

Scope and Application

The Regulations under the National Security Act 1939-1940 amend the National Security (Apple and Pear Acquisition) Regulations to introduce specific provisions regarding the acquisition, handling, and distribution of apples and pears by the Commonwealth. These regulations apply to entities and individuals involved in the apple and pear industry, including growers, agents, and other persons in possession or control of these fruits on behalf of the Commonwealth. The regulations define key terms such as "agent" and "registered grower," and clarify the roles and rights of the Chairman and Deputy Chairman in committee proceedings. They also outline procedures for the delivery, inspection, and storage of apples and pears, including conditions for placing them in cold storage and requirements for record-keeping. The regulations further address compensation for acquired fruits, deductions for hail insurance, and the conditions under which the Commonwealth may sell or otherwise dispose of the fruits. These regulations have a national reach and are applicable throughout the Commonwealth of Australia, with the possibility of further specification through subordinate instruments.

Key Provisions

The primary provisions of these Regulations, as amended by Statutory Rules 1941, No. 79, under the National Security Act 1939-1940, primarily concern the acquisition, management, and distribution of apples and pears for national security purposes. Section 1 introduces new definitions, including the term "agent," who is appointed by the Board to handle these fruits on behalf of the Commonwealth. It also removes the definition of "licensed agent" and adds "the Deputy Chairman." Section 2 amends the role and rights of state committees, specifying who can attend and participate in committee meetings, though they cannot vote or be part of the quorum. Section 3 shortens the time frame for growers to deliver apples and pears to seven days unless otherwise specified, and Section 4 expands the authority to deliver these fruits to include the Chairman, Deputy Chairman, or Chairman of a Committee, or any authorized person. Section 5 limits the use of apples and pears to domestic purposes, subject to Board directives. These Regulations impose several obligations on parties involved in the acquisition and management of apples and pears. For instance, Section 3 mandates that growers deliver the fruits within a specified period. Section 4 expands the list of authorized individuals who can deliver these fruits. Section 13 requires agents and others in possession of these fruits to maintain detailed records and books of account, which must be preserved for two years. Additionally, Section 23a prohibits placing apples and pears in cold storage without Board consent, and Section 23b imposes conditions on the resale of these fruits. Violations of these Regulations may result in significant consequences. For example, non-compliance with the delivery deadlines set out in Section 3 could lead to penalties or other enforcement actions. Failure to maintain proper records as required by Section 13 may also result in penalties. Furthermore, unauthorized placement of fruits in cold storage, as prohibited by Section 23a, could attract sanctions. Although the specific penalties are not detailed in the text, they are likely to be severe given the context of national security and the critical nature of the resources involved.

Area of Law: National Security Law
Instrument: Regulation
Concepts: Definitions & Interpretation; Regulatory Standards; Compliance Obligations

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

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