National Security (Hide and Leather Industries) Regulations (Amendment)

Overview

The Statutory Rules 1943 No. 206, enacted under the National Security Act 1939-1943, address the need for more effective regulation of the allocation of hides and leather resources during a period of national security concern. The regulations were introduced to ensure that critical resources were managed efficiently and equitably to support the war effort. Made by the Deputy of the Governor-General with the advice of the Federal Executive Council, these regulations empower the Minister to establish Allocation Committees for each state to oversee the equitable distribution of auction hides to tanners. The policy objective is to ensure a controlled and fair allocation of resources to support the hide and leather industries, which were essential to the national security infrastructure.

Scope and Application

The Regulations under the National Security Act 1939-1943 pertain to the allocation of hides and leather, applying to the entities within the hide and leather industries across all states in Australia. These regulations mandate the establishment of Allocation Committees in each state, overseen by the Minister, who appoints the members of these committees, including a designated Chairman. The Committees are responsible for distributing auction hides to tanners in an equitable manner, assessing hide quotas for tanners, and exercising their powers in accordance with any directives from the Board. The Regulations extend their reach to cover the entire Commonwealth, with specific provisions for each state, ensuring a consistent approach to the management and allocation of resources within the hide and leather industries. These regulations do not explicitly state exclusions or thresholds, implying that their application is broad and potentially inclusive of all relevant entities unless otherwise specified through subordinate instruments or amendments.

Key Provisions

The main operative sections of these Regulations under the National Security Act 1939-1943 concern the establishment and operation of Hide Allocation Committees, as outlined in regulation 12b (1). The Minister has the authority to constitute such a Committee for each State, composed of members appointed by the Minister and published in the Gazette. The Minister will also appoint a Chairman for each Committee, and in the absence of the Chairman, the present members can elect a temporary Chairman for meetings. A quorum for any meeting of an Allocation Committee is defined as one more than half the number of its members. The Chairman, or the acting Chairman, has a deliberative vote and a casting vote in case of an equality of votes. All decisions by the Committee must be made by a majority vote. These Committees are tasked with distributing auction hides to tanners on an equitable basis within their respective States, potentially assessing a quota of hides to all tanners. Their actions must be in line with any directions from the Board. The Regulations impose several obligations and requirements on the parties or entities they govern. Primarily, the Minister must appoint members to each Allocation Committee and publish these appointments in the Gazette. The Minister also appoints the Chairman for each Committee. In the absence of the Chairman, the Committee members present at a meeting can elect a temporary Chairman. The Committees are obliged to distribute auction hides to tanners within their State on an equitable basis, and they may assess a quota of hides to all tanners for this purpose. They must operate in accordance with any directions issued by the Board. The Regulations do not explicitly state any offences, penalties, or consequences for breach. However, the operation of the Allocation Committees and their adherence to the Board's directions suggest that non-compliance could lead to administrative or legal consequences, although these are not detailed in the Regulations. Given the context of the National Security Act 1939-1943, breaches of these Regulations could potentially incur penalties under broader national security laws, but specific penalties are not outlined within these Regulations themselves.