STATUTORY RULES.
1942. No. 480.
REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1940.*
I, THE DEPUTY OF 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 thirtieth day of October, 1942.
Deputy of the Governor-General.
By His Excellency’s Command,
for and on behalf of the Minister of State for Defence.
National Security (Australian Meat Industry Commission) Regulations.
Citation.
1. These Regulations may be cited as the National Security (Australian Meat Industry Commission) Regulations.
Administration.
2. These Regulations shall be administered by the Minister of State for Commerce.
Continuance of National Security (Meat Industry) Regulations.
3. Subject to these Regulations, the National Security (Meat Industry) Regulations shall continue in force, but the Commission may give directions to the Meat Canning Committee established under those Regulations in connexion with the exercise of any of that Committee’s powers and functions, and that Committee shall comply with those directions.
Object.
4. The object of these Regulations is to secure in Australia the production of stock and the supply of fresh, frozen, canned and dehydrated meat in sufficient quantities to meet the essential needs of the fighting services of the Commonwealth, of allied forces in Australia or elsewhere, and of the civil community of Australia, and to provide an export surplus for the purpose of contributing towards the meat supplies of the United Kingdom and of the fighting services of the Commonwealth and allied forces overseas, and these Regulations shall be administered accordingly.
* Notified in the Commonwealth Gazette on , 1942.
6601.—Price 8d. 25/27.10.1942.
Definitions.
5. In these Regulations, unless the contrary intention appears—
“Deputy Controller” means a Deputy Controller of Meat Supplies appointed under these Regulations;
“licence” means a licence granted under regulation 17 of these Regulations;
“licensee” means the holder of a licence;
“meat” means the flesh, whether fresh or preserved, of any stock intended for human or animal consumption or for fertilizer, and includes canned or dehydrated meat;
“regional area” means any area established by or under regulation 6 of these Regulations as a regional area;
“stock” means cattle, sheep or pigs;
“the Commission” means the Australian Meat Industry Commission constituted under these Regulations; and
“the Controller” means the Controller of Meat Supplies appointed under these Regulations.
Regional areas.
6.—(1.) Subject to sub-regulation (2.) of this regulation, each State and each Territory of the Commonwealth shall be a regional area for the purposes of these Regulations.
(2.) The Minister may direct that the whole or any part of any Territory of the Commonwealth shall, for the purposes of these Regulations, form part of a regional area constituted by a State, and, thereupon, the whole or part, as the case may be, of that Territory shall, for the purposes of these Regulations, form part of the regional area constituted by that State.
Constitution of Australian Meat Industry Commission.
7.—(1.) For the purposes of these Regulations there shall be an Australian Meat Industry Commission, which shall be a body corporate with perpetual succession and a common seal.
(2.) The Commission shall consist of—
(a) a representative of the Department of Commerce, who shall be Chairman of the Commission;
(b) a representative of the Commonwealth Government, who shall be Deputy Chairman of the Commission;
(c) the Commonwealth Prices Commissioner;
(d) a representative of the Department of Supply and Shipping;
(e) a representative of the Department of War Organization of Industry;
(f) a representative of the Rationing Commission;
(g) a representative of country meat works and country slaughtering establishments;
(h) a representative of meat exporters and meat canners;
(i) a representative of employees in the meat industry; and
(j) three members representing respectively producers of beef, producers of pig-meats and producers of mutton and lamb.
(3.) The members of the Commission (other than the Commonwealth Prices Commissioner) shall be appointed by the Minister by notice published in the Gazette, and shall hold office during the pleasure of the Minister.
(4.) A vacancy in the office of a member of the Commission shall not invalidate the proceedings of the Commission.
Deputies of members.
8.—(1.) A member of the Commission may, subject to the approval of the Minister, appoint a person to be his deputy.
(2.) A deputy appointed in pursuance of this regulation shall, in the event of the inability of the member of whom he is the deputy to attend any meeting of the Commission, be entitled to attend that meeting and shall, in relation to that meeting, have all the powers of that member, and shall be counted in the place of that member for the purposes of any quorum.
Chairman.
9.—(1.) The Chairman of the Commission shall preside at all meetings at which he is present, and, in the event of his absence, the Deputy Chairman shall preside.
(2.) In the absence of the Chairman and the Deputy Chairman from any meeting of the Commission the members present shall elect one of their number to preside.
Meetings of the Commission.
10.—(1.) The Commission shall meet at such times and places as the Chairman from time to time determines.
(2.) At any meeting of the Commission the member presiding and seven other members shall form a quorum.
(3.) All questions arising at any meeting of the Commission shall be decided by a majority of the votes of the members present.
(4.) The member presiding at a meeting shall have a deliberative vote and, in the case of an equality of votes, shall also have a casting vote.
(5.) The Commission shall keep a record of its proceedings.
(6.) The Commission may, subject to these Regulations, make by-laws for regulating its proceedings.
General powers and functions of Commission.
11. Notwithstanding anything contained in these Regulations (other than sub-regulation (2.) of regulation 39) but subject to any directions of the Minister, the Commission shall, without prejudice to any other powers conferred on it by these Regulations or delegated to it by the Minister, have power to make orders for or in relation to the regulation and control of the meat industry and meat trade, and, in particular, for or in relation to the regulation and control of the production, supply, treatment, storage, distribution, sale, use and consumption of stock and meat.
Delegation by Commission.
12.—(1.) The Commission may, by writing under its seal, delegate any of its powers and functions under these Regulations in relation to any matters or class of matters, or to any locality, so that the delegated powers and functions may be exercised by the delegate as fully and effectually as by the Commission, with respect to the matters or class of matters specified, or the locality defined, in the instrument of delegation.
(2.) Every delegation in pursuance of the last preceding sub-regulation shall be revocable at will by the Commission, by writing under its seal, and no delegation shall prevent the exercise of any power or function by the Commission.
Controller of Meat Supplies and Deputy Controller.
13.—(1.) For the purposes of these Regulations there shall be—
(a) a Controller of Meat Supplies, who shall be the member of the Commission representing the Department of Commerce; and
(b) a Deputy Controller of Meat Supplies for each regional area consisting of, or including, a State, who shall be appointed by the Minister on such terms and conditions as the Minister determines.
(2.) Subject to any directions of the Minister and of the Commission, the Controller shall have such powers and functions as are conferred on him by these Regulations or are delegated to him by the Minister or the Commission.
(3.) A Deputy Controller shall assist the Controller as directed by him in relation to matters arising in the regional area in respect of which the Deputy Controller is appointed.
Orders relating to production of stock.
14. Subject to these Regulations and to any order or direction of the Minister made or given in pursuance of these Regulations—
(a) in the case of a regional area constituted by a State, or by a State together with the whole or part of any Territory of the Commonwealth—the Governor in Council of that State; and
(b) in the case of a regional area constituted by the whole or part of any Territory or Territories of the Commonwealth—the Minister,
may make orders for the purpose of ensuring the adequate provision, for the purposes of these Regulations, in that regional area of stock and, without limiting the generality of the foregoing provisions of this regulation, for providing, in relation to that regional area, for one or more or all of the following:—
(i) The registration of the producers of any stock;
(ii) The distribution of stock-feeds made available by the Minister or provided under any national scheme of fodder conservation or supplementary feeding;
(iii) The stimulation, regulation or restriction of production of stock; and
(iv) The control of the movement of stock within the regional area.
Minister may order supply and delivery of stock.
15. Notwithstanding anything contained in any law of any State or Territory of the Commonwealth, the Minister may, by order in writing, or by order published in the Gazette, require any person who produces or has control of any stock to supply and deliver to the Minister or to a person specified in the order, at such marketing place, slaughtering establishment or other place, and in such condition, as is so specified, such of the stock as is so specified, and that person shall, within such period as is specified in the order, supply and deliver that stock accordingly.
Controlled areas.
16. The Minister may, by order published in the Gazette, declare any area in the Commonwealth, or in any Territory of the Commonwealth, to be a controlled area for the purposes of these Regulations, and may, by the same order, or by a separate order, make provision for the regulation and control of the production, storage, canning, processing, marketing and distribution of meat in the controlled area.
Registration of slaughtering establishments.
17. The Minister may notify the proprietor of any abattoirs or other establishment where stock is slaughtered that the establishment has been registered for the purposes of these Regulations, and that establishment shall thereupon become a registered establishment for the purposes of these Regulations.
Slaughtering licences.
18.—(1.) The proprietor of any registered establishment, and any person who slaughters stock, or on whose behalf stock are slaughtered, at a registered establishment, may apply to the Minister, in a form approved by him, for a slaughtering licence.
(2.) The Minister may grant to any such person a slaughtering licence in such form as he thinks fit, or may refuse the application.
(3.) A licence under this regulation may contain such conditions and restrictions as the Minister thinks fit.
(4.) The Minister may at any time revoke any licence under this regulation.
(5.) A licensee shall not fail to observe and comply with the conditions and restrictions contained in the licence.
Stock not to be slaughtered without a licence.
19. A person shall not, in a controlled area, slaughter, or cause to be slaughtered, stock for the production of meat for sale for human consumption in any form except—
(a) in pursuance of a licence held by him; or
(b) on behalf of a licensee in accordance with the terms and conditions of the licence.
Minister may require establishments to publish prices.
20. The Minister may require the proprietor of a registered establishment, or a licensee who slaughters stock, to publish, in such manner as the Minister directs, the prices at which that registered establishment or licensee will slaughter or otherwise treat stock or meat on owner’s account on a weight and grade basis.
Transport of meat.
21. Except with the approval of the Controller, or by his direction, a person shall not transport any meat in a regional area from an uncontrolled area into a controlled area.
Requisition of meat.
22. The Minister may, from time to time, by order published in the Gazette, make provision for the acquisition by the Commonwealth of all meat described in the order, whether by reference to any contingency or otherwise, and such meat shall, by force of and in accordance with the provisions of the order, become the absolute property of the Commonwealth, freed from all mortgages, charges, liens, pledges, interests and trusts affecting such meat, and the rights and interests of every person in such meat (including any rights or interests arising in respect of any moneys advanced in respect of such meat) shall thereupon be converted into claims for compensation.
Delivery of meat.
23. Any person having in his possession, control or disposal any meat acquired by the Commonwealth shall, on receipt of a notice in writing from the Commission, the Controller or a Deputy Controller requiring him to deliver or consign that meat to any persons or place specified in the notice, deliver or consign, as the case may be, that meat, packed and prepared in the manner specified in the notice, to the person or place and within the time and in the manner specified in the notice.
No person to deal with acquired meat except as provided.
24. Except as provided by these Regulations, or with the consent of the Commission or of the Controller, a person shall not—
(a) part with the possession or custody of, or move, any meat acquired by the Commonwealth which is held in his possession or custody;
(b) take into his possession or custody any meat which is the property of the Commonwealth; or
(c) purport to sell or offer for sale, or purport to buy or offer to buy, any meat which is the property of the Commonwealth.
Compensation.
25.—(1.) Upon delivery or consignment of any meat in accordance with regulation 23 of these Regulations, or upon any meat being disposed of or dealt with in accordance with instructions from the Minister, every person having any right or interest in that meat may forward to the Commission a claim for compensation in a form approved by the Minister, and shall be entitled to be paid such amount of compensation as is equal to the value which the meat had on the day on which it was acquired.
(2.) Where the Minister thinks fit, he may direct that compensation shall be payable to any person in respect of the acquisition of any meat, notwithstanding that the meat has not been delivered or consigned in accordance with regulation 23 of these Regulations, and notwithstanding that no claim for compensation has been made, and any compensation payable in pursuance of any such direction shall be payable to that person in like manner as if the meat had been so consigned or delivered and that person had forwarded a claim for compensation in accordance with sub-regulation (1.) of this regulation.
(3.) Neither the Commonwealth nor the Commission 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 rights or interest the claim for compensation arose shall be a good and sufficient discharge of the liability of the Commonwealth in respect of that claim.
Contracts for sale of meat.
26.—(1.) Every contract relating to the sale of any meat acquired by the Commonwealth, entered into before the acquisition of that meat, is hereby declared to be void and of no effect in so far as that contract has not been completed by delivery.
(2.) Any transaction or contract with respect to any meat which is the subject-matter of any contract or part of a contract which is hereby declared to be void shall also be void and of no effect, and any money paid in respect of any contract hereby made void or of any such transaction shall be repaid.
(3.) No action for the enforcement, or for damages for breach, of any contract of the kind specified in sub-regulation (1.) or (2.) of this regulation, whether the contract was entered into or is to be performed
in Australia or elsewhere, shall, in so far as that contract has not been completed by delivery prior to the acquisition of that meat, be brought in any Federal or State Court or Court of a Territory under the authority of the Commonwealth.
Returns of stock.
27.—(1.) The Minister may, by order published in the Gazette, require any person or class of persons to furnish such returns relating to meat or stock or to contracts entered into in relation to any meat or stock as are specified in the order.
(2.) A person shall not—
(a) refuse or fail to furnish any return which he is required under sub-regulation (1.) of this regulation to furnish; or
(b) furnish any such return which is false or misleading in any particular.
Powers to enter and search for meat.
28. Any constable authorized so to do by the Commission, the Controller or a Deputy Controller may, at any time of the day or night, enter and search any premises where any meat acquired by the Commonwealth is, or is suspected to be, and may seize any meat which is the property of the Commonwealth, and, if necessary for any of those purposes, may break into and use force to enter such premises.
Inspection of stocks, books, &c.
29. For the purposes of these Regulations, any person thereto authorized by the Commission, the Controller or a Deputy Controller may, at all reasonable times, enter any premises and inspect any stocks of meat and any accounts, books or documents relating to any meat.
Records and books of account to be kept.
30.—(1.) Every person into whose possession, custody or control any meat the property of the Commonwealth passes shall keep proper records and books of account in relation to the receipt and disposal of that meat.
(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.
Proper care of Commonwealth meat to be taken.
31. Any person having any meat the property of the Commonwealth in his possession or under his control shall exercise proper care and take all proper and reasonable precautions and do all things necessary to preserve and safeguard that meat and to keep it free from any damage or deterioration whatsoever.
Powers of Commission in regard to meat.
32. On behalf of the Commonwealth, and subject to any directions of the Minister, the Commission may—
(a) purchase any meat;
(b) sell any meat acquired or purchased by the Commonwealth;
(c) authorize or direct the proprietor of any registered establishment, or any licensee, on behalf of the Commonwealth, to sell or otherwise dispose of any meat for such purposes, at such prices and upon such conditions as are specified by the Commission, either in relation to the particular sale, or by general directions;
(d) manage and control all matters connected with the handling, storage, protection, treatment, transfer and shipment of any meat acquired or purchased by the Commonwealth.
Commission may sell meat subject to conditions.
33.—(1.) Where the Commission or any person acting on behalf of the Commonwealth sells or otherwise disposes of any meat, it or he may specify conditions relating to any further sale or disposal of that meat.
(2.) A person who purchases or otherwise acquires from the Commission or any person acting on behalf of the Commonwealth meat in respect of which any conditions have been specified shall—
(a) comply with those conditions; and
(b) in the event of his selling or otherwise disposing of the meat to any other person, notify that other person in writing of the conditions attaching to that meat and the other person shall comply with those conditions as if he had purchased or otherwise acquired the meat from the Commission or the person acting on behalf of the Commonwealth, as the case may be:
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 meat sold to that person by retail.
Officers and employees.
34.—(1.) The Commission may, subject to any directions of the Minister, appoint such officers and such casual and temporary employees as it deems necessary for the purposes of these Regulations, and at such rates of pay and upon such conditions of employment as are, subject to the approval of the Public Service Board, determined by the Commission.
(2.) Officers and employees appointed under these Regulations shall not be subject to the provisions of the Commonwealth Public Service Act 1922-1941.
(3.) Where an officer or employee appointed in pursuance of these Regulations was, immediately prior to his appointment, an officer of the Public Service of the Commonwealth, his service as an officer or employee under these Regulations shall, for the purpose of determining his existing and accruing rights, be taken into account as if it were service in the Public Service of the Commonwealth and the Officers’ Rights Declaration Act 1922-1940 shall apply as if this regulation were a section of an Act and that Act and section were specified in the Schedule to the Officers’ Rights Declaration Act 1922-1940.
Arrangements regarding State officers.
35.—(1.) The Governor-General may arrange with the Governor in Council of any State for the performance, on behalf of the Commonwealth, by any officers in the public service of the State or in the service of any authority (including a local governing authority) of the State, of any work or services in connexion with these Regulations.
(2.) In any such cases the Governor-General may, by agreement with the Governor in Council of the State or otherwise, make arrangements for determining—
(a) the rate of payment (if any) to be made by or on behalf of the Commonwealth for the work or services to be performed; and
(b) any matters relating to the performance of the work or services.
Fees and expenses.
36.—(1) There shall be payable to any member of the Commission, the Controller and the Deputy Controllers such salaries, fees and expenses as the Governor-General directs.
(2.) Notwithstanding anything contained in this regulation, if a member of the Commission is also a member of the Parliament of the Commonwealth, he shall not be entitled to be remunerated in respect of his services as a member of the Commission, but shall be entitled to be reimbursed such expenses as he has actually incurred by reason of his attendance at meetings of the Commission.
Finance.
37.—(1.) The Commission shall open and maintain an account with the Commonwealth Bank of Australia into which it shall pay all moneys received in respect of sales of meat or otherwise and any moneys appropriated by the Parliament or borrowed by the Minister for use by the Commission on behalf of the Commonwealth.
(2.) Out of the moneys standing to the credit of the account the Commission shall defray all costs and expenses of administering these Regulations, and shall make all payments in respect of compensation and other payments authorized to be made by these Regulations.
Arrangements with Commonwealth Bank.
38. The Minister may arrange with the Commonwealth Bank of Australia for the making by that Bank of advances to the Commonwealth for use on its behalf by the Commission for the purposes of these Regulations, and may guarantee to that Bank the repayment, out of moneys lawfully made available by the Parliament, of any advances made by the Bank in pursuance of the arrangement.
Operation of certain laws.
39.—(1.) The operation of these Regulations, and of orders, requirements and directions made or given thereunder, shall not be affected by—
(a) the Meat Export Control Act 1935-1938 or any Regulations thereunder; or
(b) by any law or by-law in force in a State or Territory of the Commonwealth, or in any part thereof, relating to inspection, grading or standards of meat or stock.
(2.) Nothing contained in, or done in pursuance of, these Regulations shall affect the operation of the National Security (Prices) Regulations or the National Security (Rationing) Regulations.
Compliance with requirements.
40. A person shall not refuse or fail to comply with any requirement made on him or applicable to him under these Regulations, or under any order made in pursuance of these Regulations.
Authentication of orders and notices.
41. An order or notice authorized by these Regulations to be made or given by the Commission shall be sufficiently authenticated if signed by the Controller on behalf of the Commission, and any order or notice purporting to have been so signed shall, in the absence of proof to the contrary, be deemed to have been made or given in pursuance of a resolution of the Commission.
Service of notices.
42. Any notice which may be given in pursuance of these Regulations, or of any order made thereunder, may be given by posting the notice to the person to whom it is addressed at his last known place of abode, or to any of his places of business.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.