STATUTORY RULES.
1940. No. 177.
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 twenty third day of August, 1940.
(SGD.) GOWRIE.
Governor-General.
By His Excellency’s Command,
for and on behalf of the Minister of State for Defence Co-ordination.
National Security (Stored Wheat) Regulations
Citation
1. These Regulations may be cited as the National Security (Stored Wheat) Regulations.
Definitions.
2. In these Regulations—
“contract” includes any contract, agreement, warrant, receipt or acknowledgment, whether reduced to writing or not;
“stored wheat contract” means any contract containing or comprising terms or conditions upon which wheat of the 1939-1940 season, or of any previous season, is delivered by one party to the other when, under those terms or conditions, the party receiving the wheat may become liable to the party delivering the wheat for a price or amount fixed or to be fixed by reference to a price of wheat ruling or prevailing or offered or obtainable at some ascertained or ascertainable time or at a time fixed by notice or by some other contingent event, and whether such price be a general market price or the price of the party receiving the wheat or a price defined in some particular manner; and “price of stored wheat” means the said price or amount which, according to the terms, or conditions of the stored wheat contract, is so fixed or to be fixed.
Fixation of price of stored wheat.
3. Unless by an agreement in writing made after the commencement of the Wheat Acquisition Regulations the parties to a stored wheat contract make some other provision to meet or overcome the consequences of the operation of the Wheat Acquisition Regulations and the
* Notified in the Commonwealth Gazette on , 1940.
4858—8/21.8.1940.—Price 3d.
acquisition of wheat thereunder by the Commonwealth upon the mode for determining the price of stored wheat provided by that contract, the price of stored wheat shall, for the purpose of that contract, be fixed at the rate or rates per bushel determined under regulation 19 of the Wheat Acquisition Regulations, less proper charges and deductions.
Contracts for re-delivery of wheat.
4. If under a stored wheat contract or any other contract for the storage of wheat made before the commencement of the Wheat Acquisition Regulations the party delivering wheat is entitled to require the party receiving the same to re-deliver wheat to him or at his direction, the party receiving the wheat, instead of re-delivering wheat according to the tenor of the contract, may pay a price therefor fixed at the rate or rates per bushel determined under regulation 19 of the Wheat Acquisition Regulations, less proper charges and deductions.
Determination of disputes.
5. If the parties to a stored wheat contract or other contract for the storage of wheat are unable to agree upon the price payable under regulation 3 or regulation 4 of these Regulations, the price shall, on the application to the Australian Wheat Board by any of the parties, be fixed by the Board, and the Board may settle any other difference or question arising under regulation 3 or regulation 4 of these Regulations.
Actions upon stored wheat contracts.
6. No action or other proceeding shall be brought upon a stored wheat contract without the consent in writing of the Minister of State for Commerce.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
Overview
The National Security (Stored Wheat) Regulations 1940 were introduced under the National Security Act 1939-1940, addressing the critical need for regulation and control over the storage and pricing of wheat during wartime. Enacted by the Governor-General in Council under the authority of the Commonwealth of Australia, these regulations were aimed at ensuring that wheat supplies were managed effectively to support national security efforts. The primary policy objective was to stabilise and control the price of stored wheat to prevent market volatility and ensure a steady supply of this vital resource. The regulations also sought to manage contracts for the storage and re-delivery of wheat, providing mechanisms for dispute resolution and enforcement through the Australian Wheat Board.
Scope and Application
The National Security (Stored Wheat) Regulations apply to contracts involving the delivery and storage of wheat from the 1939-1940 season and any previous season, as well as other contracts for the storage of wheat made before the Wheat Acquisition Regulations came into effect. These regulations are designed to manage the pricing of stored wheat and ensure that the interests of national security are protected during the period of conflict. They apply to all parties involved in stored wheat contracts within the Commonwealth of Australia. The geographic reach of these regulations is national, as they pertain to the overall security and strategic resources of the country. Any disputes arising from these contracts can be resolved by the Australian Wheat Board, which has the authority to fix the price of stored wheat and settle differences between the parties involved. Additionally, no legal action can be initiated on stored wheat contracts without the written consent of the Minister of State for Commerce, further illustrating the stringent control exerted over wheat transactions during this period.
Key Provisions
The National Security (Stored Wheat) Regulations 1940, made under the National Security Act 1939-1940, set out specific provisions related to the pricing and storage of wheat during the period of 1939-1940. These provisions are particularly concerned with the contracts for stored wheat (section 2) and the mechanism for determining its price (section 3). A stored wheat contract is defined as any agreement, whether written or not, that involves the delivery of wheat under conditions where the receiver may be liable for a price determined at a future date or under certain conditions (section 2). The price of stored wheat is fixed at the rate set by the Wheat Acquisition Regulations, less appropriate charges and deductions, unless the parties have agreed otherwise in writing after the Wheat Acquisition Regulations came into effect (section 3). If a contract allows for the redelivery of wheat, the receiver has the option to pay a fixed price instead of redelivering the wheat, with this price also being determined by the Wheat Acquisition Regulations (section 4).
The Regulations impose certain obligations on the parties involved in stored wheat contracts. Firstly, they must comply with the price determination process outlined in the Regulations, unless they have an alternative agreement in writing (section 3). Secondly, they must seek the consent of the Minister of State for Commerce before taking legal action on a stored wheat contract (section 6). Additionally, if the parties cannot agree on the price or other matters under the Regulations, they must apply to the Australian Wheat Board for a resolution (section 5).
Breaches of these Regulations may have legal consequences. For example, bringing an action on a stored wheat contract without the Minister's consent is prohibited (section 6). Although specific penalties are not detailed in the Regulations, it is reasonable to infer that non-compliance could lead to legal action or other enforcement measures under the National Security Act 1939-1940. The exact nature and extent of penalties would likely be determined by the courts or relevant authorities in accordance with the broader legislative framework.