STATUTORY RULES.
1942. No. 358.
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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 fourteenth day of August, 1942.
(SGD.) GOWRIE
Governor-General.
By His Excellency’s Command,
for and on behalf of the Minister of State for Defence.
[
Amendments of National Security (Apple and Pear Acquisition) Regulations.†
Advisory Council.
1. Regulation 5c of the National Security (Apple and Pear Acquisition) Regulations is amended by inserting in sub-regulation (7.), after the word “Chairman”, the words “of that meeting”.
Growers to supply information.
2. Regulation 10 of the National Security (Apple and Pear Acquisition) Regulations is amended by adding at the end thereof the following sub-regulation:—
“(2.) Where, after a grower or other person has been registered as a grower, any alteration has taken or takes place in—
(a) the area of land owned, leased or occupied by him and used for the growing of apples or pears or of apples and pears; or
(b) in the number of apple or pear trees on any such land,
he shall, within fourteen days after the date of the commencement of this sub-regulation, or, where the alteration takes place after that date, within fourteen days after the alteration takes place, notify the Board, in writing, of that alteration”.
* Notified in the Commonwealth Gazette on , 1942.
† Statutory Rules 1939, No. 148 as amended by Statutory Rules 1940, Nos. 13, 38, 60, 276, 283 and 295; 1941, Nos. 79, 273 and 316; and 1942, Nos. 137 and 252.
4907.—Price 3d 25/9.7.1942
3. After regulation 17a of the National Security (Apple and Pear Acquisition) Regulations the following regulation is inserted:—
Deduction for State levies and charges.
“17b. Where the legislation of any State imposes any levy or charge on the grower of any apples or pears in respect of those 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 to the grower under these Regulations, of any moneys payable by the grower to the State in respect of that levy or charge, and may make such deductions accordingly and pay the amounts so deducted to the State”.
Finance.
4. Regulation 24 of the National Security (Apple and Pear Acquisition) Regulations is amended by omitting sub-regulation (3.).
By Authority: L.F. Johnston, Commonwealth Government Printer, Canberra.
Overview
The Statutory Rules 1942, No. 358, under the National Security Act 1939-1940, was enacted by the Governor-General, acting with the advice of the Federal Executive Council. This legislation was introduced to address the need for amendments to the existing National Security (Apple and Pear Acquisition) Regulations to better align with the exigencies of national security during a period of significant global conflict. The primary objective of these regulations, as stated in the text, is to ensure efficient administration and compliance by growers of apples and pears under the oversight of the Board, particularly in the context of state levies and charges, and the reporting of changes in land use and orchard details.
Scope and Application
The Regulations under the National Security Act 1939-1940, specifically amending the National Security (Apple and Pear Acquisition) Regulations, apply to growers of apples and pears within the Commonwealth of Australia. The amendments target the obligations of these growers in terms of reporting changes to their land or apple and pear trees to the relevant Board within a stipulated time frame. The regulations also provide for the deduction of state levies and charges from the compensation payable to growers by the Board, where such levies are imposed by state legislation. The scope of these regulations is limited to the apple and pear industry, and the amendments are designed to ensure compliance and streamline financial transactions related to compensation and state charges. Any grower affected by these regulations must adhere to the notification requirements and be aware of potential deductions from their compensation as per arrangements between the Board and state authorities.
Key Provisions
The main operative sections of these regulations (sections 1, 2, 3 and 4) amend the existing National Security (Apple and Pear Acquisition) Regulations to address certain administrative and financial aspects of apple and pear growers’ obligations. Specifically, section 1 adds a clarification to the role of the Chairman during meetings, section 2 mandates growers to report any changes in their land or crop details within 14 days, section 3 allows the Board to deduct state levies from growers’ compensation, and section 4 removes a specific sub-regulation that previously outlined certain financial procedures.
The obligations imposed by these regulations are primarily on apple and pear growers, requiring them to notify the Board of any significant changes related to their land or crops (section 2). This includes changes to the area of land used for growing apples or pears, as well as any changes in the number of apple or pear trees on that land. Failure to comply with this notification requirement could result in penalties or other enforcement actions as detailed in the National Security Act 1939-1940.
In terms of penalties and consequences for non-compliance, while the specific regulations do not outline detailed penalties, breaches of the National Security Act 1939-1940, under which these regulations are made, could result in significant civil or criminal consequences. The Act provides for fines and imprisonment for serious breaches, which could apply to growers who fail to comply with the notification requirements or other obligations outlined in the regulations. The exact penalties would depend on the nature and severity of the breach, as well as the provisions of the overarching Act.