National Security (Fodder Conservation) Regulations (Amendment)

Legislation au C1943L00110 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1943. No. 110.

 

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 third day of May, 1943.

(SGD.) GOWRIE.

Governor-General.

By His Excellencys Command,

 

W. J. SCULLY

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

 

Amendments of the National Security (Fodder Conservation) Regulations.†

Definitions.

1. Regulation 3 of the National Security (Fodder Conservation) Regulations is amended by adding at the end of the definition of fodder the words “, and includes any vegetable matter, customarily used for fodder conservation purposes, at any stage of growth, or in any condition resulting from processing, and whether or not any material has been added thereto for the purpose of improving its nutritional value or for its preservation.             

2. After regulation 8 of the National Security (Fodder Conservation) Regulations the following regulations are inserted:—

State Advisory Committees.

8a.—(1.) The Minister may, for the purpose of these Regulations, constitute an advisory committee for any State.

(2.) Each advisory committee shall consist of such number of members as the Minister thinks fit.

(3.) The members of each advisory committee shall be appointed by the Minister and shall hold office during his pleasure.

 

* Notified in the Commonwealth Gazette on , 1943.

† Statutory Rules 1941, No. 195, as amended by Statutory Rules 1942, No. 516.

2165.—Price 3d. 27/7.4.1943.


(4.) The Minister may appoint a member of each advisory committee to be Chairman of that committee.

(5.) A quorum of any advisory committee shall be such number of members as the Minister from time to time determines.

(6.) At any meeting of an advisory committee, the Chairman shall have a deliberative vote and, in the event of an equality of votes, shall also have a casting vote.

(7.) All questions before an advisory committee shall be decided by a majority of votes.

(8.) Any member of the Board shall have the right to attend and take part in the proceedings of any meeting of an advisory committee, but he shall not be entitled to vote at the meeting and shall not be counted in any quorum.

Duties, powers and functions of advisory committees.

8b. An advisory committee shall, subject to any direction of the Board, perform such duties and exercise such powers and functions of the Board as the Board requests..

Remuneration of members of board and advisory committees.

3. Regulation 9 of the National Security (Fodder Conservation) Regulations is amended by adding at the end thereof the following sub-regulation:—

(2.) There shall be payable to a member of any advisory committee such fees and expenses as the Minister determines..

Appointment of officers.

4. Regulation 10 of the National Security (Fodder Conservation) Regulations is amended by omitting from sub-regulation (1.) the word Board (first occurring) and inserting in its stead the words Director-General of Agriculture.

Powers of Board.

5. Regulation 11 of the National Security (Fodder Conservation) Regulations is amended by adding at the end thereof the following sub-regulation:—

(2.) The Board shall have power to supervise, on behalf of the Commonwealth, any arrangement made in any State in relation to the expenditure of money lent by the Commonwealth to the State for any purpose connected with the establishment of fodder reserves..

 

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

Overview

The Statutory Rules 1943 No. 110, Regulations under the National Security Act 1939-1940, were enacted by the Governor-General in Council, addressing the need to manage fodder conservation during wartime. These regulations were issued under the authority of the National Security Act 1939-1940 and aim to amend existing fodder conservation regulations to better meet the demands of the war effort. They seek to ensure the efficient use of resources by broadening the definition of fodder and establishing advisory committees to assist in the implementation and oversight of fodder conservation measures across the states. This legislative instrument highlights the federal government's intent to coordinate and regulate national security efforts, particularly in the context of resource management and agricultural practices during a period of conflict.

Scope and Application

The Regulations under the National Security Act 1939-1940, specifically targeting the National Security (Fodder Conservation) Regulations, apply to the whole of the Commonwealth of Australia. These regulations pertain to the conservation of fodder, encompassing any vegetable matter used for such purposes, irrespective of its growth stage or condition post-processing, and whether it has been treated for nutritional enhancement or preservation. The Minister of State for Defence has the authority to establish advisory committees for each state to aid in the regulation's implementation. These committees consist of a number of members appointed by the Minister, who can also determine the quorum and the remuneration for committee members. Furthermore, the Director-General of Agriculture is empowered to supervise any financial arrangements related to fodder reserves in the states, ensuring that the expenditure of Commonwealth funds is appropriately managed. The Minister holds the discretion to appoint a Chairman for each advisory committee and to direct their duties and functions. This legislative instrument not only extends the reach of the National Security Act to include advisory committees and remuneration for committee members but also delineates the powers of the Board in supervising state-related financial arrangements.

Key Provisions

The primary operative sections of these regulations focus on amending existing provisions under the National Security (Fodder Conservation) Regulations. Section 1 amends the definition of "fodder" to include any vegetable matter customarily used for fodder conservation purposes, at any stage of growth or in any condition resulting from processing. This expanded definition ensures that a broader range of materials can be considered for fodder conservation. Section 2 introduces new regulations establishing State Advisory Committees. These committees are to be constituted by the Minister and can consist of any number of members appointed by the Minister, who also determines the quorum and may appoint a Chairman. Members serve at the pleasure of the Minister and may be remunerated as determined by the Minister. Section 8a outlines the duties of these advisory committees, which include performing such duties and exercising such powers and functions as the Board requests. Section 8b clarifies that members of the Board can attend advisory committee meetings but without voting rights. Section 3 amends remuneration provisions to ensure that advisory committee members receive fees and expenses determined by the Minister. Section 4 amends the appointment of officers to replace references to the "Board" with "Director-General of Agriculture," likely streamlining the administrative process. Lastly, Section 5 grants the Board the power to supervise any arrangements in the states regarding the expenditure of money lent by the Commonwealth for establishing fodder reserves. These regulations impose several obligations and requirements on the parties and entities they govern. The Minister is tasked with constituting advisory committees, appointing their members, and determining their remuneration and quorum. The advisory committees must perform the duties and functions as requested by the Board. The Board, in turn, has the authority to supervise the expenditure of funds lent by the Commonwealth for fodder conservation purposes in the states. The Director-General of Agriculture is also involved in the administrative process, with the amendment ensuring clarity in officer appointments. Breaches of these regulations may lead to civil or criminal consequences, although specific offences, penalties, or maximum penalties are not detailed in the text. However, given the context of national security and the wartime setting of these regulations, non-compliance could potentially result in legal action under the overarching National Security Act 1939-1940, which might include fines or other penalties deemed appropriate by the relevant authorities.

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