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

Legislation au C1940L00038 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1940. No. 38.

 

REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, in pursuance of the powers conferred by the National Security Act 1939 and all other powers me thereto enabling hereby make the following Regulations.

Dated this Twenty Seventh day of February, 1940.

Governor-General.

By His Excellency’s Command,

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

 

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

Definitions.

1. Regulation 3 of the National Security (Apple and Pear Acquisition) Regulations is amended by adding at the end thereof the following sub-regulation:—

“(2.) For the purposes of these Regulations the Australian Capital Territory shall be deemed to form part of the State of New South Wales.”.

Returns.

2. Regulation 13 of the National Security (Apple and Pear Acquisition) Regulations is amended by omitting the words “publication of an order describing those apples or pears shall, within fourteen days of that publication” and inserting in their stead the words “acquisition of those apples or pears by the Commonwealth shall, within fourteen days of that acquisition”.

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

“Use of fruit for certain purposes.

14a. Notwithstanding the acquisition of any apples and pears in pursuance of these Regulations, the grower of the apples and pears may—

(a) 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; and

 

* Notified in Commonwealth Gazette on , 1940.

† Statutory Rules 1939, No. 148, as amended by Statutory Rules 1940, No. 13.

1169.—15/21.2.1940.—Price 3d.


(b) with the prior approval of and subject to any terms and conditions directed by the Board, use or sell such apples and pears for the purposes of canning, dehydration, juice production or other similar manufacturing or processing purposes,

and in such cases the property in the apples and pears shall revest in the grower as if they had never been acquired by the Commonwealth, and no compensation whatsoever shall be payable by the Commonwealth to the grower or to any other person in respect of those apples or pears and any compensation or advance which has been paid by the Commonwealth in respect of those apples and pears shall be recoverable by the Commonwealth as a debt due to the Crown.

“Fruit unfit for marketing.

14b.—(1.) Notwithstanding the acquisition of any apples and pears in pursuance of these Regulations, the grower of the apples and pears may, subject to any contrary direction of the Board, feed to animals, destroy or otherwise dispose of (but not sell) any apples or pears which are unfit or unsuitable for marketing for human consumption.

(2.) The grower of any apples or pears so fed to animals, destroyed or otherwise disposed of shall furnish to the Board such information (if any) in respect of those apples or pears as the Board requires.”.

No person to deal with apples and pears except as provided.

4. Regulation 15 of the National Security (Apple and Pear Acquisition) Regulations is amended—

(a) by omitting the words “in regulation 14 of” and inserting in their stead the word “by”;

(b) by omitting from paragraph (a) the word “or” (last occurring); and

(c) by adding at the end thereof the following word and paragraph:—

“; or (c) purport to sell or offer for sale, or purport to buy or offer to buy any apples or pears which are the property of the Commonwealth.”.

Compensation.

5. Regulation 17 is amended by adding at the end thereof the following sub-regulations:—

“(4.) Where any advance has been made in pursuance of sub-regulation (3.) of this regulation and any apples or pears in respect of which the advance was made are not acquired by the Commonwealth or where the amount of compensation payable in respect of the apples and pears is less than the amount of the advance, the amount of the advance or so much of that amount as is equal to the amount by which the compensation is less than the amount of the advance (as the case may be) shall be recoverable by the Commonwealth as a debt due to the Crown.

“(5.) Neither the Commonwealth nor the Board shall be bound to recognize any assignment of any amount of compensation payable under this regulation, and any payment in respect of compensation made by or on behalf of the Commonwealth to the person in respect of whose right or interest in the apples or pears the claim for compensation arose shall be a good and sufficient discharge of the Commonwealth’s liability in respect of that claim.”.


Power to enter and take possession of apples and pears.

6. Regulation 19 of the National Security (Apple and Pear Acquisition) Regulations is amended by omitting the words “and, if necessary for that purpose,” and inserting in their stead the words “and may seize any apples and pears which are the property of the Commonwealth and, if necessary for any of those purposes,”.

7. After regulation 26 of the National Security (Apple and Pear Acquisition) Regulations the following regulation is inserted:—

“Preservation of State laws.

26a. Nothing in these Regulations shall be construed as exempting any person from compliance with the law of any State relating to the care, preservation or cleanliness of any orchard or of any place where fruit is stored.”.

Amendment of Schedule.

8. The Schedule to the National Security (Apple and Pear Acquisition) Regulations is amended by omitting Form D. and inserting in its stead the following Form:—

 

“Form D.

Regn. 17.

National Security (Apple and Pear Acquisition) Regulations.

 

CLAIM FOR COMPENSATION WITH RESPECT TO APPLES AND PEARS ACQUIRED BY THE COMMONWEALTH AND DISPOSED OF OR DEALT WITH IN ACCORDANCE WITH REGULATION 14.

Submitted by

Name

Address

Description of apples and pears acquired by the Commonwealth in respect of which the claim is made             

Particulars of right or interest on which claim is based..

I, declare that, to the best of my knowledge and belief, the information given in this Return is true and correct in every particular.

Date. Signature. ”.

State Committees.

9. Regulation 3 of Statutory Rules 1940, No. 13 shall be deemed to have commenced on the date of the commencement of the National Security (Apple and Pear Acquisition) Regulations.

 

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

Overview

The Statutory Rules 1940 No. 38, titled "Regulations Under the National Security Act 1939," were introduced to amend the National Security (Apple and Pear Acquisition) Regulations. Enacted by the Governor-General in the context of the Federal Executive Council, these regulations aimed to address specific issues related to the acquisition, use, and disposal of apples and pears under national security provisions. The primary objective was to provide clear guidelines on the handling and compensation for apples and pears acquired by the Commonwealth, ensuring that the regulations align with national security needs while providing some flexibility to growers regarding the use and disposal of their produce. This legislative instrument underscores the need for precise and efficient management of resources during times of national concern.

Scope and Application

The Statutory Rules 1940, No. 38, made under the National Security Act 1939, pertain to the acquisition and handling of apples and pears for national security purposes. These Regulations specifically apply to the Commonwealth, apple and pear growers, and any other persons involved in the acquisition, sale, or use of these fruits as outlined in the Regulations. The geographical scope of these Regulations extends across the Commonwealth of Australia, with a particular emphasis on ensuring compliance with state laws concerning the care and preservation of orchards and storage areas for fruit. Notably, the Australian Capital Territory is deemed to be part of the State of New South Wales for the purposes of these Regulations. The Regulations allow for the acquisition of apples and pears by the Commonwealth, subject to certain conditions and exceptions, such as allowing growers to use their produce for domestic purposes or for approved processing activities, provided they comply with any directions from the Board. Additionally, growers may dispose of unfit fruit for marketing under specific conditions. The Regulations also include provisions for compensation, recovery of advances, and the preservation of state laws concerning orchard care and cleanliness. The Regulations may be further extended or modified through subordinate instruments, ensuring they remain relevant and effective in addressing national security needs.

Key Provisions

The main operative sections of the Regulations under the National Security Act 1939 (C1940L00038) include amendments to the National Security (Apple and Pear Acquisition) Regulations. Regulation 3 is amended to include a definition that deems the Australian Capital Territory to form part of the State of New South Wales (sub-regulation 2). Regulation 13 is amended to change the timeline for reporting from publication of an order to the acquisition of apples or pears by the Commonwealth, requiring this to occur within fourteen days of acquisition (regulation 2). New regulations 14a and 14b are inserted to allow growers to use or sell apples and pears for domestic or manufacturing purposes with certain conditions and to permit the disposal of unfit fruit, respectively. Regulation 15 is amended to prohibit the sale or purchase of Commonwealth-owned apples and pears without proper authorisation (regulation 4). Regulation 17 is amended to clarify the recovery of advances and compensation payments by the Commonwealth and to state that no assignments of compensation shall be recognised (sub-regulations 4 and 5). Regulation 19 is amended to allow for the seizure of Commonwealth-owned apples and pears during entry and possession actions (regulation 6). A new regulation 26a is inserted to ensure that the Regulations do not exempt anyone from state laws concerning orchard care and fruit storage (regulation 7). The Schedule is amended to replace Form D with a new form for compensation claims regarding acquired apples and pears (regulation 8). Lastly, regulation 3 of Statutory Rules 1940, No. 13 is deemed to have commenced on the date of the Regulations' commencement (regulation 9). These Regulations impose several obligations on the parties involved. Growers must report the acquisition of apples and pears by the Commonwealth within fourteen days of such acquisition (regulation 2). They may use their produce for domestic purposes or for canning, dehydration, juice production, or other manufacturing processes, subject to Board approval and any directed terms and conditions (regulation 14a). Growers may also dispose of unfit fruit by feeding it to animals, destruction, or other means, but not by sale, and must report such actions to the Board (regulation 14b). Any dealing with Commonwealth-owned apples or pears, including selling or buying, is strictly prohibited without proper authorisation (regulation 4). The Commonwealth has the right to recover any advances or compensation payments if the amount of compensation payable is less than the advance or if the produce is not acquired (sub-regulations 4 and 5 of regulation 17). The Commonwealth may seize any of its owned produce during entry and possession actions (regulation 6). Compliance with state laws concerning orchard care and fruit storage remains mandatory (regulation 26a). Violations of these Regulations can lead to various consequences. Dealing with Commonwealth-owned apples and pears without authorisation is expressly prohibited and may result in legal action (regulation 4). Failure to report the acquisition of produce by the Commonwealth within the specified timeframe could result in penalties or other enforcement actions (regulation 2). Non-compliance with state laws regarding orchard care and fruit storage is subject to state penalties and enforcement measures (regulation 26a). Although the Regulations do not explicitly state penalties, breaches of the National Security Act 1939 or other related laws may incur civil or criminal penalties as prescribed by applicable legislation.

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National Security Law
Instrument
Regulation
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Definitions & Interpretation
Regulatory Standards
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Prohibited Conduct
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Preservation of State laws

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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.