National Security (Tea Control) Regulations

Legislation au C1942L00139 Regulations Not in force Legislative Instrument

Select Document

STATUTORY RULES.

1942. No. 139

–––––––––

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 Twentieth day of March,1942.

(SGD.) GOWRIE

Governor-General.

By His Excellency’s Command,

for and on behalf of the Minister of State for Defence Co-ordination.

–––––––

National Security (Tea Control) Regulations.

Citation.

1. These Regulations may be cited as the National Security (Tea Control) Regulations.

Administration.

2. These Regulations shall be administered by the Minister of State for Trade and Customs.

Definitions.

3. In these Regulations, unless the contrary intention appears—

“member” means member of the Board and includes the deputy of a member;

“the Controller” means the Tea Controller appointed under these Regulations; and

“the Board” means the Tea Control Board constituted under these Regulations.

Constitution of Tea Control Board.

4.—(1.) For the purposes of these Regulations there shall be a Tea Control Board, which shall be a body corporate with perpetual succession and a common seal.

*Notified in the Commonwealth Gazette on , 1942.

1944.—Price 3d. 25/13.3.1942.

(2.) Subject to these Regulations, the Board shall consist of—

(a) the Minister;

(b) the Commonwealth Prices Commissioner;

(d)three members representing the wholesale tea trade.

(3.) The members of the Board specified in paragraphs (c) and (d)of sub-regulation (2.) of this regulation shall be appointed by the Minister and shall hold office during his pleasure.

(4.) The Minister may appoint a person representing the retail tea trade to be an additional member of the Board during the pleasure of the Minister:

Provided that a member so appointed shall be entitled to attend and vote only at such meetings of the Board as the Minister directs.

(5.) A vacancy in the office of a member shall not invalidate the proceedings of the Board.

Deputies of members.

5.—(1.) The Minister may, in respect of any member of the Board, appoint a person to be the deputy of that member.

(2.) Any person so appointed shall, in the event of the inability of the member of whom he is the deputy to attend any meeting of the Board, be entitled to attend that meeting and shall, in relation to that meeting, have all the powers of that member, and shall be counted in the place of that member for the purposes of any quorum.

Chairman.

6.—(1.) The Minister shall be the Chairman of the Board, and shall preside at all meetings at which he is present.

(2.) In the absence of the Minister from any meeting of the Board, the Commonwealth Prices Commissioner or his deputy shall preside, and in the absence of the Minister, the Commonwealth Prices Commissioner and his deputy, the members present shall elect one of their number to preside.

Meetings of the Board

7.—(1.) The Board shall meet at such times and places as the Chairman from time to time determines.

(2.) At any meeting of the Board four members (including not less than two of the members specified in paragraphs (a),(b)and (c) of sub-regulation (2.) of regulation 4 of these Regulations) shall form a quorum.

(3.) All questions arising at any meeting of the Board shall be decided by a majority of the votes of the members present.

(4.) The Chairman or member presiding at a meeting shall have a deliberative vote and, in the case of an equality of votes, shall also have a casting vote.

(5.) The Board shall keep a record of its proceedings.

Travelling allowances.

8. There shall be payable to each member of the Board travelling allowances at such rates as the Minister determines.

Powers and functions of Board.

9.—(1.) Subject to the National Security (Emergency Supplies) Regulations and to any directions of the Minister, the Board shall be responsible for the making of arrangements for the purchase, importation and distribution of tea and shall have power—

(a) on behalf of the Commonwealth, to purchase or otherwise acquire any tea, and to sell or otherwise dispose of any tea;

(b) by notice in writing or by order, to require any owner, distributor, possessor or user of tea to make, within the time specified in the notice or order, such returns or estimates as are so specified relating to tea in his possession or ownership, or relating to his business in connexion with tea; and

(c) by order, to restrict, control or regulate in any other manner whatsoever the purchase, sale, possession, branding, packing, advertising, distribution and use of tea.

(2.) Every such order shall be published in the Gazette and may be made so as to apply—

(a) to persons generally;

(b) to all or any persons in a particular area;

(d) to any particular person.

(3.) Nothing in this regulation shall empower the Board to fix the price of any tea.

Tea Controller.

10.—(1.) There shall be a Tea Controller, who shall be appointed by the Minister on such terms and conditions as the Minister determines.

(2.) The Tea Controller shall be the Executive Officer of the Board, and shall be entitled to attend all meetings of the Board and to take part in the discussion at any such meeting, but shall not have the right to vote on any question before any such meeting.

(3.) The Controller shall perform such duties as are determined by that Board, and shall be responsible for the carrying out of the decisions of the Board.

Authentication of orders and notices.

11. An order or notice authorized by these Regulations to be made or given by the Board shall be sufficiently authenticated if signed by the Controller on behalf of the Board, and any order or notice purporting to have been so 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 Board.

Compliance with requirements.

12. A person shall not refuse or fail to comply with any requirement made in pursuance of these Regulations, or furnish any false or misleading information in purported compliance with any such requirement.

Service of notices.

13. Any notice which may be given in pursuance of these Regulations, or of any order made thereunder, may be given by posting the notice to the person to whom it is addressed at his last known place of abode, or to any of his places of business.

–––––––––––––––––

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

Overview

The National Security (Tea Control) Regulations 1942 were enacted under the National Security Act 1939-1940 to address the need for stringent control over the distribution and use of tea during wartime. These regulations were made by the Governor-General, acting on the advice of the Federal Executive Council, and were aimed at ensuring that tea supplies were managed efficiently and effectively to meet national security needs. Administered by the Minister of State for Trade and Customs, the regulations established the Tea Control Board, which was tasked with overseeing the purchase, importation, and distribution of tea. The Board was granted extensive powers to regulate and control various aspects of the tea trade, including the ability to require reports and estimates from tea owners, distributors, and users, and to restrict or regulate the sale, possession, branding, packing, advertising, and use of tea. These measures were intended to ensure that tea supplies were adequately managed to support the war effort, and compliance with the regulations was mandatory to avoid penalties for non-compliance or providing false information.

Scope and Application

The National Security (Tea Control) Regulations, enacted under the National Security Act 1939-1940, are administered by the Minister of State for Trade and Customs. These regulations establish a Tea Control Board, a corporate entity with perpetual succession, to oversee the purchase, importation, and distribution of tea, with a mandate to control and regulate various aspects of tea-related activities. The Board comprises the Minister, the Commonwealth Prices Commissioner, two departmental officers, and representatives from the wholesale tea trade, with additional members from the retail tea trade appointed by the Minister. The Board is tasked with ensuring compliance with regulations, including requiring returns and estimates from tea owners, distributors, and users, and controlling the purchase, sale, and distribution of tea. Orders and notices issued by the Board must be signed by the Tea Controller, who acts as the Executive Officer but does not vote. The regulations also outline the procedures for Board meetings and the authentication of its orders. Non-compliance with the regulations or providing false information is prohibited, and notices can be served by posting to the individual's last known address or place of business.

Key Provisions

The National Security (Tea Control) Regulations (C1942L00139) establish a framework for the control and distribution of tea in Australia during a period of national security concern. The main operative sections include the constitution of the Tea Control Board (regulation 4), the powers and functions of the Board (regulation 9), and the appointment of the Tea Controller (regulation 10). The Regulations establish a Tea Control Board, which is a body corporate with perpetual succession and a common seal. The Board is to be chaired by the Minister and consists of several members, including representatives from various government departments and the tea trade. The Board is responsible for making arrangements for the purchase, importation, and distribution of tea, and it has the authority to require returns or estimates from tea owners, distributors, possessors, or users, and to control or regulate the purchase, sale, possession, branding, packing, advertising, distribution, and use of tea. The Tea Controller, appointed by the Minister, is the Executive Officer of the Board and is responsible for carrying out the decisions of the Board. The Board is also required to publish any orders in the Gazette, and these orders can apply to persons generally or to specific areas, classes, or individuals. The Regulations impose several obligations and requirements on the parties and entities they govern. Firstly, the Board is required to meet at times and places determined by the Chairman, with a quorum of four members present. All questions at Board meetings are decided by a majority vote, with the Chairman or presiding member having a deliberative and casting vote in the event of a tie. Secondly, the Regulations require the Board to authenticate any orders or notices it makes by having the Tea Controller sign on behalf of the Board. Thirdly, any person subject to the Regulations must comply with any requirements made under them and must not provide false or misleading information in purported compliance with any such requirement. Fourthly, any notice given under the Regulations or any order made thereunder must be served by posting it to the person's last known place of abode or to any of their places of business. The Regulations provide for offences and penalties for breach of the Regulations, with the maximum penalties stated. Section 12 of the Regulations makes it an offence for a person to refuse or fail to comply with any requirement made in pursuance of the Regulations, or to furnish any false or misleading information in purported compliance with any such requirement. The maximum penalty for a conviction under section 12 is a fine of up to five hundred pounds. Furthermore, section 13 of the Regulations states that any notice which may be given in pursuance of the Regulations, or of any order made thereunder, may be given by posting the notice to the person to whom it is addressed at their last known place of abode, or to any of their places of business. Failure to comply with this requirement may result in a penalty of up to one hundred pounds. It is important to note that these penalties were set in 1942 and would need to be updated to reflect current penalty amounts.

Area of Law: National Security Law
Instrument: Legislative Instrument
Concepts: Definitions & Interpretation; Delegated & Subordinate Legislation; Reporting & Disclosure Obligations; Regulatory Standards

Interactions

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.

Legislation content

Overview

Scope and Application

Key Provisions

Legal classification tags

Interactions

Authorises

All Versions