National Security (Dairy Produce Acquisition) Regulations (Amendment)

Overview

The Statutory Rules 1943, No. 282 were enacted to amend the National Security (Dairy Produce Acquisition) Regulations under the National Security Act 1939-1943. This legislation was introduced to address the administrative and operational needs of dairy produce acquisition during a period of national security concern. The regulations were made by the Governor-General in accordance with the advice of the Federal Executive Council, signifying the federal legislative authority at the time. The policy objective of these regulations was to ensure effective control and acquisition of dairy produce, aligning with broader national security measures during wartime. The amendments aimed to refine the administrative framework, clarify roles, and enhance the operational efficiency of the Dairy Produce Control Committee and associated state advisory committees, while also providing financial mechanisms to support these activities.

Scope and Application

The Regulations under the National Security Act 1939-1943, specifically the National Security (Dairy Produce Acquisition) Regulations, apply to the administration, control, and acquisition of dairy produce within the Commonwealth of Australia. These Regulations, administered by the Minister of State for Commerce and Agriculture, are focused on ensuring the efficient and effective management of the dairy industry during a period of national security concern. The scope of these Regulations extends to the establishment and operation of the Dairy Produce Control Committee and State Dairying Industry Advisory Committees, which are tasked with advising on matters related to the dairy industry. The Regulations also allow for the appointment of the Controller of Dairy Products and provide for the remuneration of Committee members and advisors. The Regulations permit the Committee to lend money and guarantee the repayment of loans to support the dairy industry. These Regulations are applicable across the Commonwealth and are subject to amendments and further administrative details as provided in subordinate instruments.

Key Provisions

The main operative sections of the Statutory Rules 1943, No. 282 (the Regulations) concern the administration and composition of the Dairy Produce Control Committee (section 1a), the definition of key terms (section 2), the composition and meeting procedures of the Committee (sections 3 and 4), the establishment and functions of State Dairying Industry Advisory Committees (section 8a), and the financial powers of the Committee (sections 6 and 7). Section 1a specifies that the Regulations are to be administered by the Minister of State for Commerce and Agriculture. Section 2 amends the definition of "the Minister" and adds the definition of "the Controller of Dairy Products". Section 3 modifies the composition of the Committee to include the Controller of Dairy Products and five other members appointed by the Minister. Section 4 changes the quorum required for meetings from four to three and introduces a rule for voting in the absence of the Chairman. Section 8a establishes State Dairying Industry Advisory Committees, detailing their composition, appointment, and advisory functions. Sections 6 and 7 grant the Committee the power to lend money and for the Minister to guarantee loans, respectively. The Regulations impose several obligations and requirements on the parties and entities they govern. The Minister of State for Commerce and Agriculture is tasked with administering the Regulations (section 1a). The Dairy Produce Control Committee must consist of the Controller of Dairy Products and five other members appointed by the Minister (section 3). Meetings of the Committee require a quorum of three members, with voting rules that include a provision for postponing votes in the absence of the Chairman (section 4). State Dairying Industry Advisory Committees are to be established by the Minister, with membership including an officer of the Department of Agriculture for the relevant state, and they must advise on matters referred to them by the Minister, the Controller of Dairy Products, or the Dairy Produce Control Committee (section 8a). The Committee has the power to lend money for specified purposes (section 6), and the Minister can guarantee the repayment of loans made by the Commonwealth Bank of Australia for these purposes (section 7). Breaches of the Regulations may result in civil or criminal consequences, though specific penalties are not detailed in the Regulations themselves. However, under the overarching National Security Act 1939-1943, breaches of regulations made under it can attract penalties, which may include fines and imprisonment. For example, section 20 of the National Security Act provides for penalties for unauthorised acts, which may include fines of up to 100 penalty units or imprisonment for up to two years, or both, for individuals, and higher penalties for corporations. These penalties reflect the seriousness with which the Act treats non-compliance with its provisions and regulations.