National Security (Field Peas Acquisition) Regulations (Amendment)

Overview

The Statutory Rules of 1942, No. 165, is a regulation made under the National Security Act 1939–1940, which was enacted to address the exigencies of World War II and to provide for the defence of Australia and its territories during this period. This particular regulation was introduced to address the need for the requisitioning of storage space for field peas, which were considered vital for national security purposes. The regulation was made by the Governor-General in Council, acting on the advice of the Minister of State for Defence Co-ordination, and was designed to ensure that the Commonwealth could effectively store field peas, thereby contributing to the war effort. The policy objective behind this regulation was to facilitate the requisitioning of suitable premises for the storage of field peas owned by the Commonwealth. By allowing the Minister to requisition storage space, the regulation aimed to mitigate any potential shortfalls in the storage capacity necessary for the war effort. The regulation also provided for compensation to be paid to those whose premises were requisitioned, ensuring that the rights of property owners were not entirely overlooked. This regulation thus played a part in the broader strategy of the Commonwealth to manage resources efficiently during a time of national crisis.

Scope and Application

The National Security (Field Peas Acquisition) Regulations, 1942, constitute a legislative instrument under the National Security Act 1939–1940, aimed at facilitating the requisitioning of premises for the storage of field peas owned by the Commonwealth. This regulation applies to any person who owns or controls premises deemed suitable for storing field peas, as determined by the Minister. The geographic scope of these regulations is national, extending across the Commonwealth of Australia. The regulation explicitly states that those who are served with an order under this provision must comply by making the specified premises available for storage purposes within the stipulated timeframe, and it emphasises that such compliance does not absolve them of other liabilities under the regulations. Compensation for the use of the premises is to be negotiated between the affected party and the Board, or adjudicated by a referee appointed by the Minister if an agreement cannot be reached. This regulation does not specify any exclusions or exemptions, and its application is direct and does not extend through subordinate instruments.

Key Provisions

The primary operative section of these regulations (Regulation 17a) allows the Minister to requisition any premises suitable for storing field peas, which are the property of the Commonwealth. This requirement is articulated in Regulation 17a(1), which states that the Minister may, by order, require a person who owns or controls such premises to make them available for storing the Commonwealth's field peas. The person subject to this requisition must comply with the specified timeframe outlined in the order (Regulation 17a(2)). It is important to note that compliance with this requisition does not absolve the person from other obligations under the regulations, such as those outlined in Regulation 21 (Regulation 17a(3)). Compensation for the use of the premises is to be agreed upon by the affected person and the Board, or if no agreement is reached, determined by a referee appointed by the Minister (Regulation 17a(4)). The obligations imposed on the parties governed by these regulations are primarily centred on the prompt and compliant provision of suitable storage premises for field peas owned by the Commonwealth. The person required to make the premises available must ensure that they do so within the specified timeframe (Regulation 17a(2)). They are also required to engage in good faith negotiations regarding compensation with the Board or, if necessary, accept the determination of a referee appointed by the Minister (Regulation 17a(4)). Additionally, the person must remain subject to other regulatory obligations, such as those detailed in Regulation 21, and cannot use the requisitioning as a means to avoid these other responsibilities. The regulations do not explicitly outline specific offences or penalties for non-compliance with Regulation 17a. However, any breach of the National Security (Field Peas Acquisition) Regulations, including failure to comply with this requisition, could potentially be prosecuted under the broader provisions of the National Security Act 1939–1940. Under the Act, penalties for offences can include substantial fines and imprisonment, reflecting the seriousness of non-compliance in matters of national security. The exact penalties would depend on the specific breach and the court's discretion in sentencing.