STATUTORY RULES.
1940. No. 52.
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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, hereby make the following Regulations under the National Security Act 1939.
Dated this eighth day of March, 1940.
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 (Cold Store) Regulations. †
Definition.
1. Regulation 2 of the National Security (Cold Store) Regulations is amended by inserting after the definition of “cold store” the following definition:—” ‘the Minister’ means the Minister of State for Commerce;”.
2. After regulation 5 of the National Security (Cold Store) Regulations the following regulations are added:—
Requisitioning of cold stores.
“6.—(1.) For the purpose of storing any perishable commodity which is the property of the Commonwealth the Minister may, by order served upon any person who is the owner or has the use or control of any cold store, require that person to make the cold store or any portion thereof available to the Commonwealth for the storage of any perishable commodity the property of the Commonwealth.
(2.) Any person on whom an order is served under sub-regulation (1.) of this regulation shall, within such time as is specified in order, make the cold store or portion thereof, as the case may be, available accordingly.
“7. There shall be payable by way of compensation to any person who is required to make a cold store or portion thereof available to the Commonwealth in pursuance of regulation 6 of these Regulations, such amount or amounts as is or are agreed upon between that person and the Minister or, failing agreement, as the Governor-General directs.”
* Notified in Commonwealth Gazette on , 1940.
† Statutory Rules 1940, No. 18.
By Authority: L.F. Johnston, Commonwealth Government Printer, Canberra.
1181.—12/22.2.1940.—Price 3d.
Overview
The Statutory Rules 1940, No. 52, issued under the authority of the National Security Act 1939, address the urgent need to manage and control the requisitioning of cold storage facilities for perishable commodities during times of national security concern. Enacted by the Governor-General in Council, these regulations were designed to empower the Minister of State for Commerce to requisition cold stores for Commonwealth use, ensuring the availability of such critical infrastructure to store perishable goods owned by the Commonwealth. The policy objective underpinning these regulations is to facilitate the effective management and allocation of resources necessary to support national security efforts, particularly in the context of potential wartime exigencies. This legislative instrument underscores the importance of coordinating and directing economic resources in alignment with national security imperatives.
Scope and Application
The Statutory Rules 1940, No. 52, made under the National Security Act 1939, amend the National Security (Cold Store) Regulations to provide the Minister of State for Commerce with the authority to requisition cold stores for the storage of perishable commodities owned by the Commonwealth. This regulation applies to any individual or entity that owns or controls a cold store within the jurisdiction of the Commonwealth of Australia. The regulation stipulates that upon receiving an order, the specified person must make the cold store or a designated portion available for use by the Commonwealth within the time frame specified in the order. Additionally, compensation is to be paid to the affected person if they are required to make their cold store available, with the amount agreed upon between the person and the Minister or determined by the Governor-General in the event of a disagreement. The regulation does not specify any exclusions or thresholds and is intended to extend the application of the National Security Act 1939 to ensure the availability of cold storage facilities for national security purposes during a time of need.
Key Provisions
The Statutory Rules of 1940, No. 52, made under the National Security Act 1939, introduce amendments to the National Security (Cold Store) Regulations. These regulations primarily concern the requisitioning of cold stores for the storage of perishable commodities owned by the Commonwealth. Regulation 2 is amended to include a definition for "the Minister," who in this context is the Minister of State for Commerce (Regulation 1). Regulation 6 allows the Minister to requisition cold stores for Commonwealth use, specifying that any person owning or controlling such a store must make it available for the storage of perishable commodities upon receiving an order (Regulation 6(1)). The affected party must comply within the timeframe specified in the order (Regulation 6(2)). Compensation for the use of the cold store is stipulated in Regulation 7, which states that the amount payable must be agreed upon between the person and the Minister, or determined by the Governor-General if no agreement is reached.
These regulations impose specific obligations on individuals and entities who own or control cold stores. Primarily, they must make their facilities available for Commonwealth use when ordered by the Minister, and they must do so within the stipulated time frame. Failure to comply with these requirements may lead to legal consequences. Additionally, these regulations provide a mechanism for determining compensation for the use of the cold store, ensuring that affected parties are fairly remunerated for their cooperation.
The regulations do not explicitly outline offences or penalties for non-compliance, but the authority to requisition cold stores implies a legal obligation to comply. Non-compliance with an order to make a cold store available could potentially lead to legal action under the National Security Act 1939, which may include fines or other penalties as deemed appropriate by the courts. Compensation disputes, as outlined in Regulation 7, would be resolved through agreement or determination by the Governor-General, but the act does not specify the maximum penalties for disputes or non-compliance beyond the compensation mechanism.