STATUTORY RULES.
1940. No. 65.
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 Twenty third day of April, 1940.
Governor-General.
By His Excellency’s Command,
for and on behalf of the Minister of
Defence Co-ordination.
National Security (Dried Fruits Acquisition) Regulations.
Short title.
1. These Regulations may be cited as the National Security (Dried Fruits Acquisition) Regulations.
Definitions.
2. In these Regulations, unless the contrary intention appears—
“dried fruits” means dried currants, dried sultanas and dried lexias;
“the Board” means the Dried Fruits Control Board constituted under the Dried Fruits Export Control Act 1934-1938;
“the Minister” means the Minister of State for Commerce.
Objects.
3. The object of these Regulations is to enable the Commonwealth to fulfil contracts for the sale of dried fruits to the Government of the United Kingdom and these Regulations shall be administered accordingly.
Expropriation of dried fruits.
4.—(1.) The Minister may, from time to time, by order published in the Gazette, declare that any dried fruits described in the order are acquired by the Commonwealth and those dried fruits shall thereupon become the absolute property of the Commonwealth, freed from all mortgages, charges, liens, pledges, interests and trusts affecting those dried fruits and the rights and interests of every person in those dried fruits are hereby converted into claims for compensation.
(2.) Upon the publication of any order in the Gazette in pursuance of sub-regulation (1.) of this regulation, any person authorized by the Board may either take possession of the dried fruits therein described or arrange with the previous owner or the person having the disposal or control thereof for their delivery to the Commonwealth at any specified place.
1973.—12/2.4.1940.—Price 3d.
Compensation.
5. Upon the delivery to, or the taking of possession by, the Commonwealth of any dried fruits in accordance with regulation 4 of these Regulations, every person having any right or interest in the dried fruits shall be entitled to be paid such amount of compensation as the Minister determines.
Contracts for sale of dried fruits.
6.—(1.) Every contract relating to the sale of any dried fruits acquired by the Commonwealth entered into before the acquisition of those dried fruits 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 dried fruits which are 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 the dried fruits, be brought in any Federal or State Court or Court of a Territory under the authority of the Commonwealth.
Returns of dried fruits.
7. The Minister may, by order published in the Gazette, require any person or class of persons to furnish such returns relating to dried fruits, or to contracts entered into in relation to any dried fruits, as are specified in the order and any such person or class of persons shall, within the time specified in the order, furnish such returns true and correct in every particular.
Power to enter and search for dried fruits.
8. Any member of the Police Force of the Commonwealth or of any State or Territory authorized so to do by the Board may, at any time of the day or night, enter and search any premises or vessel or part thereof where any dried fruits acquired by the Commonwealth are, or are suspected to be, and may take possession of any such dried fruits and, if necessary for any of those purposes, may break into and use force to enter such premises or vessel or part.
Inspection of stocks, books, &c.
9. For the purposes of these Regulations, any person thereto authorized by the Board may, at all reasonable times, enter any premises and inspect any stocks of dried fruits and any accounts, books or documents relating to dried fruits.
Proper care to be taken of dried fruits.
10. Any person having any dried fruits the property of the Commonwealth in his possession or under his care shall exercise proper care and take all proper and reasonable precautions and do all things necessary to preserve and safeguard those dried fruits and to keep them free from any damage or deterioration whatsoever.
Disposal of dried fruits by Commonwealth.
11. The Commonwealth may purchase any dried fruits and may export, sell or otherwise dispose of any dried fruits acquired by it.
Powers of Board.
12. On behalf of the Commonwealth and subject to any directions of the Minister, the Board may—
(a) purchase any dried fruits;
(b) export, sell or otherwise dispose of any dried fruits acquired by or on behalf of the Commonwealth;
(c) manage and control all matters connected with the handling, storage, protection, treatment, transfer or shipment of any dried fruits acquired by or on behalf of the Commonwealth or exported, sold or otherwise disposed of by or on behalf of the Commonwealth;
(d) with the approval of the Minister, enter into any agreement with any person, company or governmental authority in any place whether in Australia or outside Australia, providing for that person, company or authority to act as the agent of the Board in respect of such matters and for such remuneration as is provided in the agreement; and
(e) do all matters which it is required by these Regulations to do or which are necessary or convenient for giving effect to these Regulations.
Finance.
13.—(1.) The Board shall open and maintain an account with the Commonwealth Bank of Australia into which it shall pay all moneys received by it in pursuance of these Regulations and any moneys appropriated by the Parliament for use by the Board on behalf of the Commonwealth for the purposes of these Regulations.
(2.) Out of the moneys standing to the credit of the account the Board shall defray all costs and expenses of administering these Regulations and make all payments in respect of compensation and any other payments authorized to be made by these Regulations.
(3.) The Accounts of the Board shall be subject to audit by the Auditor-General.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.