National Security (Stock Dispersal) Regulations (Amendment)

Overview

Statutory Rules 1942 No. 310, issued under the National Security Act 1939-1940, was enacted to address the pressing needs of national security during a period of heightened threat. The Regulations amend existing provisions to enhance the Commonwealth Stock Dispersal Committee’s powers, particularly in relation to the management and control of stock during wartime. The amendments aim to provide greater flexibility and authority in directing and managing stock dispersal, ensuring that critical resources are efficiently allocated and controlled. The Regulations were made by the Governor-General in accordance with the advice of the Federal Executive Council, reflecting the urgent policy objective of safeguarding national security by effectively managing stock resources.

Scope and Application

The Statutory Rules 1942, No. 310, made under the National Security Act 1939-1940, primarily amend the National Security (Stock Dispersal) Regulations. These Regulations apply to the Commonwealth Stock Dispersal Committee, which is empowered to issue directives concerning the dispersal and control of stock. The Regulations extend across the Commonwealth and govern the actions of individuals and entities involved in the possession, control, or custody of stock. Notably, the Regulations do not specify exclusions or exemptions but rather provide detailed provisions for the Committee’s powers, including the ability to direct stock movements, require branding, and guarantee payments under voluntary agreements. Subordinate instruments may further extend or restrict the application of these Regulations, ensuring adaptability to specific circumstances or needs identified by the Committee.

Key Provisions

The main operative sections of these Regulations amend the National Security (Stock Dispersal) Regulations to adjust the composition and authority of the Commonwealth Stock Dispersal Committee. Section 1 changes the required number of members to attend a meeting from nine to ten (Regulation 5). Section 2 increases the number of members needed to form a quorum from five to six (Regulation 7). Section 3 expands the Committee's powers to include directing persons in possession, control, or custody of stock to refrain from removing stock into or out of specified areas (Regulation 15). Section 4 adds a new regulation allowing the Committee to arrange voluntary agreements between land owners and stock owners, and to guarantee payment of moneys due under such agreements (Regulation 17a). Section 5 mandates branding of all stock and allows exemptions for specified stock (Regulation 20). Section 6 expands the actions that can be taken against persons who fail to comply with Committee notices (Regulation 21). Section 7 requires orders, notices, directions, or requirements issued by the Committee to be signed by the Chairman to be valid (Regulation 23). These Regulations impose several obligations on the Commonwealth Stock Dispersal Committee and any persons in possession, control, or custody of stock. The Committee must now consist of ten members, with six members required to form a quorum (Regulations 5 and 7). The Committee can direct persons to refrain from moving stock into or out of specified areas (Regulation 15). The Committee can arrange agreements between land owners and stock owners, and guarantee payment of moneys due under such agreements (Regulation 17a). All stock must be branded, with exemptions allowed for specified stock (Regulation 20). Failure to comply with Committee notices can result in the removal or destruction of stock, or any other action specified in the notice (Regulation 21). All orders, notices, directions, or requirements issued by the Committee must be signed by the Chairman (Regulation 23). The Regulations provide for several consequences in the event of non-compliance. Failure to comply with a Committee notice can result in the removal or destruction of stock, or any other action specified in the notice (Regulation 21). Any moneys paid by the Committee to a land owner under a guarantee of payment from a stock owner is recoverable from the stock owner and constitutes a first charge on the stock (Regulation 17a(2)). Any order, notice, direction, or requirement purporting to have been signed by the Chairman but which was not in fact signed shall, in the absence of proof to the contrary, be deemed to have been made or given in pursuance of a resolution of the Committee (Regulation 23). However, the Regulations do not specify any criminal or civil penalties for breach.