National Security (Cold Store) Regulations

Overview

The National Security (Cold Store) Regulations, made in 1940 under the National Security Act 1939, were introduced to address the need for national security measures during a period of global conflict. Enacted by the Governor-General in Council, these regulations aim to ensure that the storage capacity and utilisation of cold stores across Australia are reported accurately and regularly to the Secretary of the Department of Commerce. This reporting mechanism allows the government to monitor and manage food supplies more effectively, ensuring they are available for essential wartime needs. The regulations require the managers or controllers of cold stores to submit detailed weekly returns of their storage capacities and occupancies, with penalties for providing false information.

Scope and Application

The National Security (Cold Store) Regulations 1940, made under the National Security Act 1939, apply to any person who has management or control of a cold store in Australia. A cold store, as defined in the Regulations, refers to any premises capable of storing perishable commodities at a temperature regulated or reduced below normal by artificial means. These Regulations mandate that the person in control of a cold store must furnish a weekly return to the Secretary of the Department of Commerce detailing the cold storage position on every Saturday. The return must include the capacity of the store, the space occupied and unoccupied classified by commodities, and an estimate of unoccupied space for the next three months. The returns are to be addressed to the Secretary at the Commonwealth Bank Building in Sydney and are to be lodged either in person or by post on the Monday following the Saturday in question. Any false information provided in the return constitutes an offence under the National Security Act 1939. The Regulations are applicable nationally, and while they set out specific obligations, they do not detail exclusions or exemptions explicitly within the text provided.

Key Provisions

The National Security (Cold Store) Regulations, established under the National Security Act 1939, mandate specific reporting requirements for cold stores (Regulation 3). Any person managing or controlling a cold store must submit weekly returns detailing the storage capacity and the occupancy status of the cold store, categorised by commodities (Regulation 3). These returns must be submitted to the Secretary of the Department of Commerce on the Monday following each Saturday (Regulation 4). The form for these returns is detailed in the Schedule to the Regulations, and it includes sections for the cold store's capacity, the space occupied and unoccupied by various commodities, and an estimate of unoccupied space for the next three months (Schedule). The Regulations impose obligations on those managing or controlling cold stores to provide accurate weekly returns to the Secretary of the Department of Commerce. These returns must include precise details about the store's capacity and the status of storage space for various commodities (Regulation 3). The returns must be lodged by the specified date and address as outlined in the Regulations (Regulation 4). Failure to comply with these reporting requirements can result in penalties under the National Security Act 1939. Breaching the requirements to provide accurate returns can lead to criminal offences under the National Security Act 1939 (Regulation 5). Specifically, any person who furnishes a false return in any particular commits an offence. The Act does not specify the maximum penalties for such offences within the Regulations themselves, but it is likely that penalties could include fines and/or imprisonment, in accordance with the broader provisions of the National Security Act 1939.