National Security (Potatoes) Regulations (Amendment)

Legislation au C1945L00025 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1945. No. 25.

 

REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1943.*

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 1939-1943.

Dated this twenty-eighth day of February, 1945.

HENRY

Governor-General.

 

By His Royal Highness’s Command,

W. J. SCULLY

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

 

Amendments of the National Security (Potatoes) Regulations.†

Administration.

1. Regulation 2 of the National Security (Potatoes) Regulations is amended by adding at the end thereof the words “and Agriculture”.

Delegation of powers.

2. Regulation 12 of the National Security (Potatoes) Regulations is amended by inserting in sub-regulation (1.), after the word “seal”, the words “or by order”.

3. Regulation 13 of the National Security (Potatoes) Regulations is repealed and the following regulation inserted in its stead:—

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

“13.—(1.) Subject to any direction of the Minister, the Committee may, by order, regulate or prohibit the production, supply, distribution, transport, purchase, sale or other disposal of potatoes either unconditionally or subject to such conditions as are specified or imposed in or in pursuance of the order.

“(2.) Without prejudice to the generality of the powers conferred by the last preceding sub-regulation, the Committee may, by order—

(a) compulsorily acquire potatoes, or make provision for the compulsory acquisition of potatoes, on just terms;

 

* Notified in the Commonwealth Gazette on 2nd March. 1945.

† Statutory Rules 1942, No. 199, as amended by Statutory Rules 1942, No. 301.

25.—Price 3d.


(b) prescribe the manner in which, and the conditions subject to which, the activities of any person, or persons included in any class of persons, in relation to the production, supply, distribution, transport, purchase, sale or disposal of potatoes shall be organized and carried out;

(c) authorize the adoption of co-operative or pooling schemes by any persons mentioned in the last preceding paragraph; or

(d) authorize or direct the formation or appointment of, or appoint, associations, committees, managers, servants or agents for the purpose of exercising functions under these Regulations or any order under these Regulations.”.

Registration of wholesale potato merchants.

4. Regulation 14a of the National Security (Potatoes) Regulations is amended by adding at the end thereof the following sub-regulations:—

“(4.) A person may be registered generally or in respect of such group, class or area as the Committee specifies.

“(5.) The Committee may—

(a) classify registered wholesale potato merchants into such groups or classes as it thinks fit by reference to the respective activities and areas in which they are engaged; and

(b) in registering any wholesale potato merchant or by notice in writing to any registered wholesale potato merchant, specify the group or class, by reference to activities, in which he is registered, and the area in respect of which he is registered:

Provided that, if the Committee thinks fit, a merchant; may be classified in more than one group or class, or registered in respect of more than one area, in respect of different activities.

“(6.) An order under these Regulations may make different provisions in relation to registered wholesale potato merchants registered in different groups or classes, or in respect of different areas.”.

5. After regulation 14c of the National Security (Potatoes) Regulations the following regulation is inserted:—

Ships’ providores.

“14d.—(1.) A person shall not supply potatoes to any person or authority for use or consumption on any ship of war or ship employed in trade or commerce unless he is registered in pursuance of this regulation as a ship’s providore for potatoes.

“(2.) A person desiring to be registered under this regulation shall make application to the Committee in a form approved by the Committee and shall furnish such information relating to the application as the Committee requires.

“(3.) The Committee may, in its absolute discretion and upon such conditions as it thinks fit, register any person as a ship’s providore for potatoes.

“(4.) The Committee may, in any case where it considers it necessary so to do for the purposes of these Regulations, by notice in writing, cancel the registration of any person under this regulation.


“(5.) A person who, at the commencement of this regulation, was registered under the Potatoes Order No. 18 shall be deemed to be registered under this regulation upon the conditions (if any) upon which he was so registered.”.

6. Regulation 15 of the National Security (Potatoes) Regulations is repealed and the following regulation inserted in its stead:—

Power to enter and search for potatoes.

“15. Where the Committee believes that any potatoes in respect of which it suspects a contravention of these Regulations or of any order under these Regulations to have taken place are in any premises, vessel or vehicle, or part thereof, any constable specifically authorized in writing by the Committee so to do may, at any time of the day or night, enter and search those premises, or that vessel or vehicle, or part thereof, and any such constable may, if necessary for that purpose, break into and use force to enter the premises, vessel, vehicle or part.”.

Inspection of stocks, books, &c.

7. Regulation 16 of the National Security (Potatoes) Regulations is amended by inserting after the word “appointed” the words “in writing”.

8. Regulation 17 of the National Security (Potatoes) Regulations is repealed and the following regulation inserted in its stead:—

Accounts.

“17.—(1.) The accounts of the Committee shall be subject to audit by the Auditor-General.

“(2.) Where any moneys are received by any person in pursuance of his duties or functions under these Regulations or any order thereunder, he may keep a separate account of those moneys but the Committee may, by order, give directions as to the keeping of the accounts and the auditing thereof and as to the treatment of those moneys.”.

 

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

Overview

The Statutory Rules 1945 No. 25, titled "Regulations under the National Security Act 1939-1943," were enacted by the Governor-General in the Commonwealth of Australia, acting on the advice of the Federal Executive Council. This legislative instrument aims to address the management and control of potato supplies during a period of national security concern, as necessitated by the Second World War. The National Security Act 1939-1943, under which these regulations were made, was designed to empower the government to take necessary actions to ensure national security, particularly in times of war or emergency. The policy objective of these regulations is to maintain the availability and proper distribution of potatoes, an essential food source, through stringent controls on production, supply, and distribution, thereby ensuring efficient use of resources during wartime. The regulations grant the National Security Committee the authority to regulate or prohibit various activities related to potatoes, including compulsory acquisition and the organization of production and supply activities, with the overarching goal of supporting the war effort and maintaining public health and welfare.

Scope and Application

The Statutory Rules of 1945, No. 25, issued under the National Security Act 1939-1943, provide detailed regulations specifically addressing the control and management of potatoes during the war period. These regulations apply to the production, supply, distribution, transport, purchase, sale, and disposal of potatoes, encompassing both individuals and entities engaged in these activities. The provisions are enforced nationally and are applicable to all persons and entities within the Commonwealth of Australia. Notably, these regulations extend the reach of the Committee's powers to regulate potato transactions, including compulsory acquisition of potatoes on just terms, organisation of production and supply activities, and the formation of associations or committees for exercising regulatory functions. Additionally, the regulations mandate the registration of wholesale potato merchants and ships' providores, with the Committee holding discretionary powers over these registrations. The amendments also address powers of entry and search for potatoes, as well as the inspection of stocks, books, and accounts related to potato transactions, ensuring compliance with national security measures.

Key Provisions

The main operative sections of the Regulations under the National Security Act 1939-1943 (C1945L00025) provide detailed provisions for the control and regulation of potato production, supply, distribution, and transport. Regulation 13(1) allows the Committee to regulate or prohibit these activities either unconditionally or subject to specific conditions as outlined in the order. Furthermore, the Committee has the authority to compulsorily acquire potatoes on just terms (Regulation 13(2)(a)) and to prescribe the manner and conditions under which potato-related activities are organised and carried out (Regulation 13(2)(b)). The Regulations also include provisions for the formation of associations, committees, and the appointment of managers, servants, or agents to carry out these functions (Regulation 13(2)(d)). The obligations imposed by these Regulations are extensive. The Committee must classify registered wholesale potato merchants into groups or classes based on their activities and areas of operation (Regulation 14a(5)(a)). Any person wishing to supply potatoes to ships of war or commercial vessels must be registered as a ship's providore for potatoes (Regulation 14d(1)). Additionally, any constable authorized in writing by the Committee can enter and search premises, vessels, or vehicles suspected of containing potatoes in contravention of the Regulations (Regulation 15). The accounts of the Committee are subject to audit by the Auditor-General, and any person receiving moneys under the Regulations must keep a separate account, subject to any directions given by the Committee (Regulation 17). Failure to comply with these Regulations can result in various penalties and consequences. The Regulations empower any constable specifically authorized by the Committee to break into and use force to enter premises, vessels, or vehicles if necessary to enforce the Regulations (Regulation 15). Additionally, any contravention of the Regulations or any order under these Regulations may result in civil or criminal penalties, though specific penalties are not detailed in the provided text. The Regulations provide a comprehensive framework for the control and regulation of potato-related activities, placing significant obligations on both the Committee and the regulated entities.

Legal classification tags

Area of Law
National Security Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Regulatory Standards
Enforcement Powers
Registration of wholesale potato merchants
Power to enter and search for potatoes
Inspection of stocks, books, &c.

Interactions

Authorises

All Versions

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.