National Security (Egg Industry) Regulations (Amendment)

Legislation au C1943L00239 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1943. No. 239

 

REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939–1943.*

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 1939–1943.

Dated this twenty eighth day of September, 1943.

(SGD.) GOWRIE

Governor-General.

By His Excellency’s Command,

for and on behalf of the Minister of State for Defence.

 

Amendments of the National Security (Egg Industry) Regulations. †

1. Regulations 21, 22 and 23 of the National Security (Egg Industry) Regulations are repealed and the following regulations inserted in their stead:—

Power of the Controller to make orders.

“21.—(1.) Subject to any directions of the Minister, the Controller may make orders for or in relation to the egg industry and egg trade and, in particular, for or in relation to—

(a) the regulation and control of the supply, grading, treatment, processing, manufacture, storage, distribution, marketing, sale, purchase, use and consumption of eggs;

(b) the stimulation, regulation or restriction of the production of eggs;

(c) the provision of egg containers;

(d) the registration of producers; and

(e) the registration of retailers of eggs.

 

* Notified in the Commonwealth Gazette on      , 1943.

† Statutory Rules 1943, No. 96.

5014.—Price 3d. 28/30.8.1943.


“(2.) Any such order may be made so as to apply to the whole of the Commonwealth or to any part thereof.

Regulations of sale of eggs.

“22.—(1.) The Minister may, by order published in the Gazette, provide that a producer shall not, except as provided by this regulation, sell any eggs except to the Controller, but nothing in this sub-regulation or in any order thereunder shall be taken to require the Controller to purchase any eggs if he does not think fit to do so.

“(2.) Any such order may be made so as to apply to eggs produced anywhere in the Commonwealth or to eggs produced in any part of the Commonwealth.

“(3.) The Controller may grant a permit to any producer authorizing him to sell eggs to a person (not being the Controller or a person holding a permit under sub-regulation (5.) of this regulation) subject to such conditions and restrictions as the Controller determines.

“(4.) A person holding a permit granted under the last preceding sub-regulation may, notwithstanding any order under sub-regulation (1.) of this regulation, sell eggs in accordance with the terms of the permit and shall comply with the conditions and restrictions to which the permit is subject.

“(5.) The Controller may grant a permit to any person authorizing him to purchase eggs from producers who do not hold permits under sub-regulation (3.) of this regulation, subject to such conditions and restrictions as the Controller determines, but nothing in this sub-regulation shall be taken to require any such person to purchase any eggs if he does not think fit to do so.

“(6.) Where a person is the holder of a permit under the last preceding sub-regulation—

(a) he shall comply with the conditions and restrictions to which the permit is subject; and

(b) a producer may sell eggs to that person, notwithstanding any order under sub-regulation (1.) of this regulation.

Certain eggs to be vested in producers thereof.

“22a. Where a producer produces, or has produced, eggs to which any order or permit under the last preceding regulation (whether made or granted before or after the commencement of this regulation) applied or applies, those eggs shall, for the purposes of these Regulations and of the order or permit, be deemed to be, or to have been, vested in the producer until he sells, or sold, them or disposes, or disposed, of them.

Appointment of agents.

“23.—(1.) The Controller may appoint, on such terms and conditions as he thinks fit, agents to act on the Controller’s behalf for any of the purposes of these Regulations.

“(2.) The Controller may appoint any Board constituted under the law of a State to be an agent of the Controller under the last preceding sub-regulation, and where any Board is so appointed—

(a) the powers and functions of the Board shall, by virtue of this regulation, be enlarged to such extent as is necessary to enable it to act as agent of the Controller; and

(b) the Board shall have power to appoint sub-agents.”.


2. The National Security (Egg Industry) Regulations are amended by adding at the end thereof the following regulation:—

Permits and consents.

“40. The Controller may revoke or vary any permit or consent granted by him under these Regulations and may vary the conditions and restrictions to which any such permit or consent is subject.”.

Saving.

3.—(1.) Any order made under regulation 21 of the National Security (Egg Industry) Regulations and in force immediately prior to the commencement of these Regulations shall continue in force but may be rescinded, revoked, amended or varied by order made under the National Security (Egg Industry) Regulations as amended by these Regulations.

(2.) Any permit under sub-regulation (3.) of regulation 22 of the National Security (Egg Industry) Regulations and in force immediately prior to the commencement of these Regulations shall continue in force but the Controller may revoke any such permit or vary the conditions and restrictions to which it is subject.

(3.) Any appointment of an agent made under regulation 23 of the National Security (Egg Industry) Regulations and in force immediately prior to the commencement of these Regulations shall continue in force as if made under regulation 23 of the National Security (Egg Industry) Regulations as inserted by these Regulations.

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.

Overview

Statutory Rules 1943 No. 239, made under the National Security Act 1939–1943, were introduced to address the need for stringent control over the egg industry during the Second World War. Enacted by the Governor-General in the Commonwealth of Australia, acting with the advice of the Federal Executive Council, these regulations aimed to ensure the efficient management and distribution of eggs to support national security efforts. The primary policy objective was to centralise the control of egg production, supply, and distribution, thereby facilitating better allocation of resources and maintaining food security amidst wartime constraints. The regulations provided the Controller with extensive powers to regulate various aspects of the egg industry, including production, marketing, and distribution, and allowed for the appointment of agents to assist in the enforcement of these controls.

Scope and Application

The National Security (Egg Industry) Regulations, established under the National Security Act 1939–1943, govern the regulation and control of the egg industry and egg trade across the Commonwealth of Australia. These regulations apply to all entities involved in the production, supply, grading, treatment, processing, manufacture, storage, distribution, marketing, sale, purchase, use, and consumption of eggs. They also encompass the stimulation, regulation, or restriction of egg production, the provision of egg containers, and the registration of egg producers and retailers. The Controller has the authority to issue orders affecting the entire Commonwealth or specific regions within it. Additionally, the Minister can restrict egg sales to the Controller, with specific provisions allowing producers to sell eggs to authorised buyers under certain conditions. These regulations also allow for the vesting of certain eggs in producers until they are sold or otherwise disposed of. The Controller can appoint agents to enforce these regulations, including State Boards, which will have their powers and functions expanded to act as agents. Furthermore, these regulations permit the Controller to revoke or vary any permits or consents granted under them, ensuring flexibility and responsiveness to changing circumstances. Any existing orders, permits, and appointments made under the previous regulations will continue in effect but can be amended, revoked, or varied according to the updated provisions.

Key Provisions

The Regulations under the National Security Act 1939–1943, specifically focusing on the egg industry, introduce a series of provisions designed to tightly control and regulate the supply chain of eggs. Regulation 21(1) allows the Controller, subject to the Minister's directions, to issue orders pertaining to various aspects of the egg industry. These include the regulation and control of supply, grading, treatment, processing, manufacture, storage, distribution, marketing, sale, purchase, use, and consumption of eggs, as well as the stimulation, regulation, or restriction of egg production, provision of egg containers, and registration of producers and retailers. Regulation 22(1) mandates that producers cannot sell eggs to anyone except the Controller, unless permitted otherwise by the Minister. Regulation 22(3) and 22(5) allow the Controller to issue permits for producers and purchasers to sell and buy eggs under specific conditions. Regulation 22a ensures that eggs remain vested in the producer until they are sold or disposed of. Regulation 23 empowers the Controller to appoint agents to act on their behalf, including state boards, who can then appoint sub-agents. These Regulations impose several obligations on the parties involved. Producers are required to comply with any orders and permits issued by the Controller and must adhere to the conditions and restrictions of any permits they hold. The Controller has the authority to revoke or vary any permits or consents and can appoint agents, including state boards, to assist in the enforcement of these Regulations. Producers and purchasers must ensure they are aware of and comply with any orders or permits that affect their ability to sell or purchase eggs. The Controller, in turn, must act within the scope of their authority and any directions from the Minister. Violations of these Regulations may result in civil or criminal consequences. While the Regulations do not explicitly state penalties, breaches could lead to fines or imprisonment under the National Security Act 1939–1943. For instance, unauthorised sale or purchase of eggs could be considered a breach of the regulatory framework, potentially leading to legal action. The severity of penalties would depend on the nature and extent of the breach, with the potential for significant fines and imprisonment for more serious offences.

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