National Security (Meat Industry Control) Regulations (Amendment)

Legislation au C1944L00174 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1944. No. 174.

 

REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1943.*

I, THE ADMINISTRATOR of the Government of 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-ninth day of November, 1944.

W. DUGAN

Administrator.

By His Excellencys Command,

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

 

Amendments of the National Security (Meat Industry Control) Regulations.†

General amendments in relation to stock.

1. Regulations 19 to 23 (inclusive) and 25 to 30 (inclusive) of the National Security (Meat Industry Control) Regulations are amended by inserting, after the word meat (wherever occurring), the words or stock.

2. After regulation 8 of the National Security (Meat Industry Control) Regulations the following regulation is inserted:—

Delegation by Controller.

8a.—(1.) The Controller may, in relation to any matters or class of matters or in relation to any State or part of the Commonwealth, by writing under his hand, delegate to any person any of his powers and functions under these Regulations (except this power of delegation) so that the delegated powers or functions may be exercised by the delegate.

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

3. After regulation 10 of the National Security (Meat Industry Control) Regulations the following Regulation is inserted:—

Deputies of members.

10a.—(1.) The Minister may, in respect of any member of the Committee, appoint a person to be the deputy of that member.

 

* Notified in the Commonwealth Gazette on     , 1944.

† Statutory Rules 1943, No. 64, as amended by Statutory Rules 1943, Nos. 186 and 284.

6674.—Price 3d. 10/9.11.1944.


(2.) Any person so appointed shall, during the illness or absence of the member of whom he is a deputy, have all the powers of that member and shall be counted as a member for the purposes of any quorum..

4. After regulation 15 of the National Security (Meat Industry Control) Regulations the following regulation is inserted:—

Continuance in force of certain laws.

15a. Nothing contained in the provisions of regulations 13, 14 and 15 of these Regulations shall be deemed to affect the operation of any law of the Commonwealth or a State or Territory of the Commonwealth relating to—

(a) the licensing of abattoirs or other establishments where stock is slaughtered, the imposition of fees therefor, or the imposition of fees or other charges for the use of abattoirs or other establishments where stock is slaughtered, or for services performed by the person or authority operating any such abattoirs or establishment; or

(b) the inspection of carcasses of stock slaughtered at abattoirs or other establishments where stock is slaughtered, or the payment of inspection fees for that inspection,

and the provisions of those regulations shall be construed, as far as possible, as being in addition to and not in substitution for any such law..

5. Regulation 17 of the National Security (Meat Industry Control) Regulations is repealed and the following regulation inserted in its stead:—

Terms and conditions of slaughtering.

17. Without prejudice to any other power, the Controller may, by order, make provision for or in relation to requiring any person who slaughters stock to slaughter and treat stock on behalf of the persons specified or described in the order on the terms and conditions specified in the order or notified from time to time in the manner provided by the order..

Acquisition of meat or stock.

6. Regulation 19 of the National Security (Meat Industry Control) Regulations is amended by inserting, after the word Gazette, the words or served on any person having the possession, control or disposal of the meat or stock”.

Delivery of meat or stock.

7. Regulation 20 of the National Security (Meat Industry Control) Regulations is amended—

(a) by omitting the words packed and prepared; and

(b) by adding at the end thereof the following sub-regulation:—

(2.) The person who delivers or consigns meat or stock in accordance with any such notice shall be entitled to recover from the Commonwealth all expenses reasonably incurred by him in delivering or consigning the meat or stock..

Compensation.

8. Regulation 22 of the National Security (Meat Industry Control) Regulations is amended by omitting from sub-regulation (1.) the words equal to the value which the meat had on the day on which it was acquired and inserting in their stead the word just.


Inspection of stocks, books, &c.

9. Regulation 26 of the National Security (Meat Industry Control) Regulations is amended by omitting the words stocks of.

10. Regulation 37 of the National Security (Meat Industry Control) Regulations is repealed and the following regulation inserted in its stead:—

Service of orders and notices.

37. Any order or notice which, by these Regulations or any order made thereunder, is required or permitted to be served on or given to any person may be served or given by posting the order or notice to that person at his last known place of abode or at any of his places of business..

 

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

Overview

Statutory Rules 1944 No. 174, made under the National Security Act 1939-1943, was enacted to address the need for tighter control over the meat industry during wartime, ensuring that resources were allocated efficiently and fairly. The Regulations were introduced by the Administrator of the Government of the Commonwealth of Australia, acting on advice from the Federal Executive Council, with a policy objective to regulate and control the meat industry, including the acquisition, delivery, and inspection of meat and stock, to ensure that the national security requirements were met without unduly burdening the industry. The Regulations amended and inserted provisions into the existing National Security (Meat Industry Control) Regulations, providing mechanisms for delegation of powers, appointment of deputies, and continuation of existing laws relating to the licensing and inspection of abattoirs and stock. These changes aimed to streamline the regulatory framework, allowing for more flexible and responsive management of the meat industry during a period of heightened national security concerns.

Scope and Application

The Statutory Rules 1944 No. 174, made under the National Security Act 1939-1943, primarily concern the amendments to the National Security (Meat Industry Control) Regulations. These regulations apply to the meat industry within Australia, including all entities involved in the processing, slaughtering, and sale of meat and stock. The amendments extend the Controller's authority to include stock, alongside meat, and allow for the delegation of the Controller's powers and functions to other individuals, thereby expanding the scope of regulatory oversight. The regulations also permit the Minister to appoint deputies for members of the Committee, ensuring continuity of governance in their absence. Furthermore, the amendments clarify that the regulations do not supersede existing Commonwealth, State, or Territory laws related to the licensing and inspection of abattoirs and the fees associated with these activities. The changes aim to streamline and enhance the regulatory framework for the meat industry during a period of national security concern, ensuring both efficient operation and compliance with broader legislative contexts.

Key Provisions

The statutory rules outlined in Statutory Rules 1944, No. 174, made under the National Security Act 1939-1943, primarily amend the National Security (Meat Industry Control) Regulations. These amendments introduce significant changes to the regulatory framework governing the meat industry during wartime. For instance, regulation 1 amends regulations 19 to 23 and 25 to 30 by substituting the term "stock" for "meat" wherever it appears (section 1). This broadening of scope implies that the regulations now apply not only to meat but also to livestock, thereby extending control over the entire supply chain of meat production. The regulations also introduce new delegation and appointment mechanisms to streamline control and decision-making processes. Regulation 8a allows the Controller to delegate any of their powers and functions to any person, except the power of delegation itself (section 2). This delegation is revocable at will and does not limit the Controller's ability to exercise their powers. Similarly, regulation 10a empowers the Minister to appoint deputies for members of the Committee, who can exercise all the powers of their principal during their absence or illness (section 3). This ensures continuity in governance and decision-making within the Committee. Regulations 15a and 17 introduce provisions for the continuance of existing laws and the terms and conditions of slaughtering, respectively (sections 4 and 5). Regulation 15a clarifies that the new regulations do not affect existing laws relating to the licensing and inspection of abattoirs and the payment of related fees. Instead, the new regulations are intended to supplement these laws. Regulation 17 further stipulates that the Controller can mandate specific terms and conditions for the slaughter of stock, ensuring that slaughters are conducted according to prescribed standards and for specified recipients. In terms of enforcement and consequences, the regulations impose obligations on parties involved in the meat industry to comply with the new provisions. Failure to comply with these regulations can result in legal consequences. For example, regulation 22 amends the compensation provisions to ensure that compensation is just, rather than being strictly tied to the market value at the time of acquisition (section 8). This change aims to provide more equitable compensation to those affected by the regulations. Moreover, the regulations outline procedures for the service of orders and notices, stipulating that these can be served by posting them to the recipient's last known address or place of business (section 10). Non-compliance with these regulations can lead to various penalties, although the specific penalties are not detailed within the text provided. Generally, under the National Security Act 1939-1943, breaches of regulations can result in both civil and criminal penalties, including fines and imprisonment, depending on the severity and nature of the breach. The exact penalties would be determined by the courts based on the specific circumstances of each case.

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