STATUTORY RULES.
1941. No. 34.
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 Seventeenth day of February, 1941.
Governor-General.
By His Excellency’s Command,
Acting Minister of State for Defence Co-ordination.
National Security (Price of Wool for Manufacture for Export) Regulations.
Citation.
1. These Regulations may be cited as the National Security (Price of Wool for Manufacture for Export) Regulations.
Incorporation.
2. These Regulations shall be incorporated and read as one with the National Security (Wool) Regulations and the National Security (Wool Tops) Regulations.
Definition.
3. In these Regulations, unless the contrary intention appears—
“the National Security (Wool) Regulations” means Statutory Rules 1939, No. 108, as amended by Statutory Rules 1940, No. 77, and 1940, No. 227.
Purpose.
4. The purpose of these Regulations is to provide means for ensuring that a proper price shall be obtained by the Central Wool Committee for wool used in the manufacture of goods for export though it may exceed the amount exacted for like wool used in the manufacture of goods for domestic consumption.
* Notified in the Commonwealth Gazette on , 1941.
678.—12/4.2.1941.—Price. 3d.
Particulars of orders for manufacture for export to be furnished.
5.—(1.) When an order for manufacture for export from Australia is received or obtained, the person receiving or obtaining the order, and any person through whom the order is received or obtained, shall forthwith give notice thereof to the Central Wool Committee, and shall furnish, or cause to be furnished, to the Central Wool Committee such particulars of the order and of the manufacturer or manufacturers concerned and of the wool, wool tops or yarn to be used in the fulfilment of the order and otherwise, as the Central Wool Committee, by special or general direction, requires.
(2.) A person shall not accept or act upon any such order, or permit any such order to be accepted or acted upon through him, or undertake or commence any process of manufacture, with a view to supplying the whole or any part of any such order, unless the consent of the Central Wool Committee is first obtained. The Central Wool Committee may give its consent subject to any conditions it thinks fit to impose.
(3.) For the purpose of these Regulations any order direction or request, or contract agreement or arrangement, to manufacture or supply or procure for the purpose of shipment or export from Australia or delivery out of Australia worsted, woollen or knitted goods or yarn or any other goods made wholly or partly from wool shall be deemed to be an order for manufacture for export from Australia.
Authority to purchase wool for manufacture for export.
6.—(1.) A general authorization of the Central Wool Committee under sub-regulation (1.) of regulation 23 of the National Security (Wool) Regulations to purchase wool shall not operate to authorize a person to purchase wool for the purpose of manufacture for export or for the purpose of combing wool into tops to be used for the purpose of manufacture for export.
(2.) Any person desirous of purchasing wool for the purpose of manufacture for export or for the purpose of combing into tops to be used for the purpose of manufacture for export may apply under that sub-regulation to the Central Wool Committee for special authority to purchase wool for that purpose.
(3.) The Central Wool Committee may, under that sub-regulation, authorize the purchase of wool for the purpose of manufacture in or towards the execution or fulfilment of a particular order or orders, or subject to any other limitation or without limitation, and the conditions which the Central Wool Committee may impose shall include any condition, restriction or obligation, whether as to price, time or occasion of payment or otherwise, which appears to the Committee to be conducive or incidental to the purpose of these Regulations.
Payment of part of price may be deferred.
7. The Central Wool Committee may, either as a condition of authorizing the purchase of wool under sub-regulation (1.) of regulation 23 of the National Security (Wool) Regulations, or by resolution or direction or in any other manner which it may think expedient, provide for postponing the payment of any part of the price payable for the purchase of wool under that sub-regulation, and for treating it as a deferred or contingent liability which the Central Wool Committee may remit upon proof to its satisfaction that the wool has been used in the manufacture of goods distributed for consumption within Australia and which otherwise it may call up and enforce.
Purchaser of wool to be liable to pay deferred part of price.
8.—(1.) If any part of the price of wool purchased under sub-regulation (1.) of regulation 23 of the National Security (Wool) Regulations is postponed or treated as a deferred or contingent payment, or for any reason remains unpaid, every person buying, obtaining or using in manufacture any wool tops or yarn produced from or containing such wool shall, subject to the power of remission conferred upon the Central Wool Committee by regulation 7 of these Regulations, be liable to the Central Wool Committee for payment of such proportion as appears to the Central Wool Committee fairly to represent the wool contained in the wool tops or yarn so bought obtained or used.
(2.) The person purchasing the wool and every person so buying, obtaining or using the wool, wool tops or yarn shall be liable severally to the Central Wool Committee but as between themselves their liability shall depend upon the terms as to the incidence of such payment, whether express or implied, upon which the wool, wool tops or yarn passed from one to another of them.
Goods not to be exported unless full price paid.
9.—(1.) A person shall not export, or cause to be exported, from Australia any worsted woollen or knitted goods, or any other goods made wholly or partly from wool, unless and until the Central Wool Committee certifies in writing that it is satisfied that the full price payable to the Central Wool Committee for the wool contained therein has been wholly paid to it and discharged.
(2.) A document under the hand of the Executive Member or of the Secretary of the Central Wool Committee, certifying that the Committee is so satisfied in respect of goods named therein, shall suffice as a certificate of the Central Wool Committee for the purpose of sub-regulation (1.) of this regulation.
(3.) Upon production of such certificate to the proper officer of Customs he may permit the export of the goods named therein.
Failure to comply with conditions.
10.—(1.) A person on whom any condition is imposed by the Central Wool Committee in pursuance of these Regulations, or who falls within the intended application or operation of any such condition, shall observe and comply with that condition.
(2.) The liability to prosecution and punishment of any person who contravenes or fails to comply with any provisions of these Regulations or with any such condition shall be independent of his civil liability to the Central Wool Committee or to any other body or person.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.