STATUTORY RULES.
1949. No. .
REGULATION UNDER THE DEFENCE (TRANSITIONAL PROVISIONS) ACT 1946-1948.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Defence (Transitional Provisions) Act 1946-1948.
Dated this thirteenth day of October, 1949.
W. J. McKell
Governor-General.
By His Excellency’s Command,
for and on behalf of the Minister of State for Post-war Reconstruction.
Amendment of the National Security (Australian Barley Board) Regulations.†
Finance.
Regulation 24 of the National Security (Australian Barley Board) Regulations is amended by adding at the end thereof the following sub-regulation :—
“ (5.) Where—
(a) the Board has established a pool of the proceeds of any barley and, after payment from the pool of the compensation determined by the Minister in respect of that barley, there remains in the pool an amount which, in the opinion of the Minister, is too small to justify its use in payment of further compensation; or
(b) any other amount held by the Board as a result of its operations under these Regulations is not required for expenditure under these Regulations,
the Board may, with the approval of the Minister, pay that amount to the Australian Barley Board constituted under the laws of the States of Victoria and South Australia.”.
* Notified in the Commonwealth Gazette on , 1949.
† Being the Regulations having that title as in force under the Defence (Transitional Provisions) Act 1946-1948. The Regulations under the National Security Act 1939-1946 having the corresponding title comprise Statutory Rules 1939, No. 128, as amended by Statutory Rules 1939, 146; 1940, No. 193; 1941, Nos. 51 and 273; 1942, Nos. 43, 389 and 538; and 1944, No. 167. The Regulations were also amended by Act No. 77, 1946, and Act No. 78, 1947.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
4379.—Price 3d. 10/20.9.1949.
Overview
The Statutory Rules 1949, No. 80, made under the Defence (Transitional Provisions) Act 1946-1948, addresses transitional measures related to the Australian Barley Board, specifically amending the National Security (Australian Barley Board) Regulations. Enacted by the Governor-General in Council, this regulation aims to manage surplus funds within the Board's pool more effectively. The policy objective is to ensure that any remaining funds in the pool, after compensating growers, are appropriately allocated or returned to the Australian Barley Board, thereby maintaining operational efficiency and financial integrity. This legislative instrument was introduced to address the need for clear guidelines on the disposition of unutilised funds in the context of the Board's operations under the transitional provisions of the Act.
Scope and Application
The Statutory Rules of 1949, made under the Defence (Transitional Provisions) Act 1946-1948, include a regulation amending the National Security (Australian Barley Board) Regulations to address the handling of financial surpluses by the Board. This regulation applies specifically to the Australian Barley Board and its operations as they pertain to barley transactions and compensation payments. The regulation pertains to situations where, after the distribution of compensation for barley, a residual amount remains in the pool of proceeds or another amount is held by the Board that is deemed unnecessary for expenditure under the regulations. In such cases, the Board is authorised, subject to ministerial approval, to transfer these amounts to the Australian Barley Board constituted under state laws in Victoria and South Australia. The regulation's scope is limited to the financial management of the Board and does not extend to broader operational or regulatory matters. It is a specific amendment to existing regulations and does not introduce new overarching provisions.
Key Provisions
The primary operative section of this legislative instrument is the amendment of Regulation 24 under the National Security (Australian Barley Board) Regulations, which allows for the redistribution of certain financial holdings under specific circumstances (Regulation 24(5)). This amendment permits the Australian Barley Board to transfer funds from a designated pool, or any other financial holding, to the Australian Barley Board constituted under the laws of the States of Victoria and South Australia, subject to the Minister's approval. This transfer can occur when the remaining amount in the pool is deemed too small to warrant further compensation payments or when other funds held by the Board are not needed for expenses stipulated under the Regulations.
The Act imposes clear obligations on the Australian Barley Board and the Minister. The Board must ensure that any decision to transfer funds is made in accordance with the stipulations of Regulation 24(5) and requires the Minister's approval before any transfer can be executed. The Minister, in turn, must exercise discretion in determining whether the remaining amount in the pool is too small to justify further compensation payments or whether other funds held by the Board are not needed for specified expenses. This regulatory framework ensures that financial resources are managed efficiently and are allocated in a manner that aligns with the Board's operational needs and statutory obligations.
The legislative instrument does not explicitly state any offences, penalties, or civil/criminal consequences for non-compliance with the amended Regulation 24. However, the requirement for ministerial approval implies that any unauthorised transfer of funds could lead to administrative or legal repercussions, depending on the broader legislative and regulatory context within which these Regulations operate. Given the historical context of the Defence (Transitional Provisions) Act 1946-1948, it is likely that any breach of these provisions could result in administrative actions, such as financial penalties or corrective measures, to ensure compliance with the Act and its Regulations.