National Security (Flour Industry) Regulations

Legislation au C1942L00444 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1942. No. 444.

 

REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1940.*

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 1939-1940.

Dated this fifteenth day of October, 1942.

Governor-General.

By His Excellency’s Command,

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

 

National Security (Flour Industry) Regulations.

Citation.

1. These Regulations may be cited as the National Security (Flour Industry) Regulations.

Administration.

2. These Regulations shall be administered by the Minister of State for Commerce.

Object.

3. The purpose of these Regulations is to establish such organization and co-ordination in the production and distribution of flour as will ensure the greatest economy in the use of the man-power and resources of Australia whilst achieving and maintaining efficiency of production and distribution, and these Regulations shall be administered accordingly.

Definitions.

4. In these Regulations, unless the contrary intention appears—

“flour” includes flour meal and semolina;

“member” means a member of the Committee;

“the Committee” means the Australian Flour Industry Committee constituted under these Regulations.

Australian Flour Industry Committee.

5.—(1.) For the purposes of these Regulations, there shall be an Australian Flour Industry Committee.

(2.) The Committee shall consist of a Chairman and three other members.

(3.) The members shall be appointed by the Minister by notice published in the Gazette.

 

* Notified in the Commonwealth Gazette on , 1942.

6335.—Price 3d.       25/13.10.1942.


(4.) The Minister may appoint one of the members to be the Executive Member of the Committee.

Incorporation of Committee.

6. The Committee shall be a body corporate, with perpetual succession and a common seal.

Deputies of Members.

7.—(1.) The Minister may, in respect of each member of the Committee, appoint a person to be the deputy of that member.

(2.) Any person so appointed shall, in the event of the illness or absence of the member of whom he is the deputy, have all the powers of that member during his illness or absence, and any reference in these Regulations to a member of the Committee shall be deemed to include a reference to the deputy of a member.

(3.) Any such appointment of a deputy, and any acts done by him as such, shall not, in any proceedings, be questioned on the ground that the occasion for his appointment or for the exercise of his powers had not arisen or had ceased.

Meetings of the Committee.

8.—(1.) Meetings of the Committee shall be held at such times and places as the Committee from time to time determines.

(2.) The Chairman of the Committee, or any two members thereof, may at any time call a special meeting of the Committee.

(3.) At any meeting of the Committee three members shall form a quorum.

(4.) In the absence of the Chairman from any meeting of the Committee, the Executive Member shall preside at that meeting.

(5.) At all meetings of the Committee, the person presiding shall have a deliberative vote and, in the event of an equality of voting, he shall also have a casting vote.

(6.) All questions before the Committee shall be decided by a majority of votes.

(7.) The Committee shall keep a record of its proceedings.

Indemnity.

9. A member of the Committee shall not be personally liable for any act of the Committee or for any act done by him as a member of the Committee.

Fees and expenses.

10. There shall be payable to any member of the Committee, who is not an officer of the Public Service of the Commonwealth, such salary, fees and allowances as the Governor-General directs and to any other member such fees and allowances as the Minister directs.

Appointment of Officers.

11.—(1.) The Committee may appoint such officers as are necessary to assist the Committee in carrying out its functions under these Regulations.

(2.) Officers appointed in pursuance of these Regulations shall not be subject to the Commonwealth Public Service Act 1922-1941 and shall hold office during the pleasure of the Committee.

(3.) Where an officer appointed in pursuance of this regulation was, immediately prior to his appointment, an officer of the Public Service of the Commonwealth, his service as an officer of the Committee shall, for the purpose of determining his existing and accruing rights, be taken


into account as if it were service in the Public Service of the Commonwealth, and the Officers’ Rights Declaration Act 1928-1940 shall apply as if this regulation and these Regulations were a section and an Act specified in the Schedule to that Act.

District Committees.

12.—(1.) The Committee may, by order, establish in any locality a District Committee consisting of such members, appointed in such manner and subject to such terms and conditions, as are specified in the order.

(2.) Any District Committee so established may exercise such of the powers and functions of the Committee as are specified in the order or as are delegated to it under the next succeeding regulation.

Delegation of powers.

13.—(1.) The Committee may, in relation to any matters or class of matters, or in relation to any particular State or part of the Commonwealth, by writing under its seal, delegate such of its powers and functions under these Regulations (other than this power of delegation) as it thinks fit, so that the delegated powers or functions may be exercised by the delegate with respect to the matters or class of matters or the State or part of the Commonwealth specified in the instrument of delegation.

(2.) Where under these Regulations the exercise of any power or function by the Committee is dependent upon the opinion, belief or state of mind of the Committee in relation to any matter, that power or function may be exercised by the delegate upon the opinion, belief or state of mind of that delegate.

(3.) Every such delegation shall be revocable at will, and no such delegation shall prevent the exercise of any power or function by the Committee.

Control of production, supply, &c., of flour.

14. Subject to any direction of the Minister, the Committee may, by order, regulate or prohibit the production, supply, distribution, sale or disposal of flour either unconditionally or subject to such conditions as are specified in the order.

Orders requiring production of flour.

15. If, in the opinion of the Committee, any person is capable of producing any flour, or greater quantities or other classes of flour than he is producing, the Committee may, by order in writing, a copy of which shall be served on that person personally or by post, require that person to produce such quantities of flour of such classes as are specified in the order and within such time as is specified in the order.

Inspection of stocks, books, &c.

16. For the purposes of these Regulations, any person appointed by the Committee to be an authorized person for the purpose of this regulation may, at all reasonable times, enter any premises and inspect any stocks of flour, and any accounts, books and documents relating to any flour.

Authentication of orders, notices, directions and requirements.

17. Any order authorized by the Regulations to be made by the Committee, or any notice, direction or requirement authorized by any such order to be given or made by the Committee shall be sufficiently authenticated if signed by the Chairman or Executive Member of the Committee on behalf of the Committee and any order, notice, direction or requirement purporting to have been so signed shall, in the absence of proof to the contrary, be deemed to have been made or given in pursuance of a resolution of the Committee.


Receipt of notice sent by post.

18. Where any notice or copy of an order is, for the purposes of these Regulations, sent to any person by prepaid letter post addressed to that person at his last or usual place of abode or place of business, that person shall, unless the contrary is proved, be deemed to have received that notice at the time when, in the ordinary course of the post, it would have arrived at the place to which it was addressed.

 

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

Overview

The National Security (Flour Industry) Regulations, enacted in 1942, were introduced to address the critical need for efficient and economical management of flour production and distribution during a time of national security concerns. These regulations were made under the authority of the National Security Act 1939-1940 and were designed to ensure that the flour industry could operate in a way that maximized the use of manpower and resources while maintaining production and distribution efficiency. The enacting body responsible for these regulations was the Governor-General in and with the advice of the Federal Executive Council. The policy objective of these regulations was to establish a structured organisation and coordination within the flour industry, thereby ensuring the optimal use of Australia's resources during a period of national exigency.

Scope and Application

The National Security (Flour Industry) Regulations are a set of rules established under the National Security Act 1939-1940 to manage and coordinate the production and distribution of flour in Australia during a time of national security concern. These regulations apply to all entities and individuals involved in the production, supply, distribution, sale, or disposal of flour, including flour meal and semolina, and are administered by the Minister of State for Commerce. The primary objective of these regulations is to ensure the most efficient use of Australia's manpower and resources while maintaining high levels of production and distribution efficiency within the flour industry. The Australian Flour Industry Committee, a body corporate established under these regulations, is responsible for implementing and enforcing the provisions. The Committee consists of a Chairman and three other members appointed by the Minister, with the power to appoint deputies and officers necessary for its functions. The regulations allow for the establishment of District Committees in various localities and provide for the delegation of the Committee's powers and functions. The regulations also grant the Committee authority to regulate or prohibit the production, supply, distribution, sale, or disposal of flour, to require individuals to produce specified quantities of flour, and to inspect stocks, books, and documents related to flour. Orders, notices, directions, and requirements issued under these regulations are deemed valid if signed by the Chairman or the Executive Member of the Committee.

Key Provisions

The National Security (Flour Industry) Regulations (C1942L00444) establish a framework for the efficient production and distribution of flour in Australia during a time of national security concerns. The primary operative sections of these Regulations include the establishment of the Australian Flour Industry Committee (section 5), its composition and powers (sections 5-13), and its ability to regulate flour production and distribution (sections 14-18). The Regulations are intended to ensure the economy of manpower and resources while maintaining production efficiency. These provisions empower the Committee to set prices, control the production, supply, and distribution of flour, and to inspect stocks and records (sections 14-18). The Regulations impose specific obligations on the parties and entities they govern. The Australian Flour Industry Committee is tasked with overseeing the flour industry, ensuring efficient production and distribution of flour, and regulating the industry to prevent waste and maintain supply. The Committee is required to meet regularly and make decisions by majority vote (section 8). The Minister of State for Commerce is responsible for administering these Regulations, including the appointment of Committee members and their deputies (sections 5 and 7). The Committee can establish District Committees and delegate its powers as necessary (sections 12 and 13). Additionally, authorized persons can inspect stocks, books, and documents related to flour at any reasonable time (section 16). Breach of these Regulations can result in significant consequences. Although the specific penalties for non-compliance are not detailed in the Regulations, the authority to make orders and issue directions implies that failure to comply with these could be subject to enforcement actions. Non-compliance with orders or requirements could potentially lead to civil or criminal penalties, although the exact nature and severity of these penalties would depend on the specific circumstances and any applicable laws at the time. The Regulations also provide for the authentication of orders and notices, deeming signed documents as valid unless proven otherwise (section 17).

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.