STATUTORY RULES.
1947. No. 55.
REGULATION UNDER THE DEFENCE (TRANSITIONAL PROVISIONS) ACT 1946.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Defence (Transitional Provisions) Act 1946.
Dated this seventh day of May, 1947.
W. J. McKELL
Governor-General.
By His Excellency’s Command,
BEN. COURTICE
for and on behalf of the Minister of State for Post-war Reconstruction.
Amendment of the National Security (Tea Control) Regulations.
Powers and functions of Board.
Regulation 9 of the National Security (Tea Control) Regulations is amended by omitting sub-regulation (4.).
* Notified in the Commonwealth Gazette on 9th May, 1947.
† Being the Regulations having that title as in force under the Defence (Transitional Provisions) Act 1946. The Regulations under the National Security Act 1939-1946 having the corresponding title comprise Statutory Rules 1942, No. 139, as amended by Statutory Rules 1942, Nos. 229, 270 and 527; 1943, Nos. 25 and 88; and 1944, Nos. 13 and 113.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
2677.—Price 3d.
Overview
The Statutory Rules 1947 No. 55, made under the Defence (Transitional Provisions) Act 1946, was enacted to address the transitional needs of Australia's defence apparatus in the immediate post-World War II period. This legislative instrument, issued on 7 May 1947 by the Governor-General, W. J. McKell, with the advice of the Federal Executive Council, amends the National Security (Tea Control) Regulations. The primary aim of this regulation was to streamline and adjust controls on tea distribution and consumption as part of the broader national security measures transitioning from wartime to peacetime conditions. The regulation was issued to ensure that the governance structures and policies were effectively transitioned, maintaining national security and resource allocation priorities in the absence of active conflict.
The regulation was enacted to modify Regulation 9 of the National Security (Tea Control) Regulations, specifically by omitting sub-regulation (4), thereby altering the powers and functions of the Board. This adjustment was necessary to align with the changing national needs and to facilitate smoother post-war reconstruction efforts, overseen by the Minister of State for Post-war Reconstruction, Ben Chifley. This legislative action exemplifies the government's intent to ensure that transitional provisions were both effective and responsive to the evolving circumstances of the nation.
Scope and Application
The Defence (Transitional Provisions) Act 1946 provides the legislative framework for the transitional measures necessary following the conclusion of World War II, including the amendment of regulations such as the National Security (Tea Control) Regulations. These regulations, which initially governed the control of tea supplies during wartime, are subject to modification through statutory rules such as the one issued on 7 May 1947. The regulation in question specifically amends Regulation 9 by omitting sub-regulation (4), indicating a shift in the control measures that were previously in place. The legislative instrument applies to entities involved in the distribution and control of tea, as well as any individuals who were subject to the wartime regulations. The jurisdictional reach of these regulations is nationwide, as they are issued under the authority of the Commonwealth. The application of these regulations is subject to the overarching Defence (Transitional Provisions) Act 1946, and any further refinement or extension of their scope is possible through additional subordinate instruments issued under the authority of this Act.
Key Provisions
The main operative sections of this legislative instrument are concerned with the amendment of the National Security (Tea Control) Regulations under the Defence (Transitional Provisions) Act 1946. Specifically, Regulation 9 of these Regulations is amended by omitting sub-regulation (4) (Regulation 9). This means that a previously existing condition or requirement under the control of tea has been removed. The changes are intended to refine the management and regulation of tea supplies in the context of national security during the transitional period following the Second World War.
The obligations imposed by this Act pertain to the Board responsible for overseeing the national security regulations. The Board must now adapt to the removal of sub-regulation (4) in Regulation 9, which would have previously provided specific guidelines or restrictions related to tea control. The Board is required to ensure compliance with the amended regulations and to enforce the new provisions effectively. This includes monitoring and reporting on the impact of these changes on tea distribution and consumption within Australia.
Any breaches of the amended National Security (Tea Control) Regulations may result in various consequences. While the specific offences, penalties, or civil and criminal consequences for breach are not detailed in this legislative instrument, it is reasonable to infer that the Board has the authority to take action against non-compliance. Under the Defence (Transitional Provisions) Act 1946, penalties could range from fines to more severe legal action, depending on the nature and severity of the breach. The exact penalties would be determined by the relevant courts and authorities in accordance with the law.