National Security (Tobacco Rationing) Regulations

Legislation au C1942L00083 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1942. No. 83.

 

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 fourth day of February, 1942.

Governor-General.

By His Excellency’s Command,

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

 

National Security (Tobacco Rationing) Regulations.

Citation.

1. These Regulations may be cited as the National Security (Tobacco Rationing) 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—

“factory” has the same meaning as in the Excise Act 1901-1934;

“manufacturer” means a person licensed under the Excise Act 1901-1934 to manufacture tobacco;

“month” means the period commencing on the first day of any month and ending on the last day of that month;

“the Department” means the Department of Trade and Customs;

“tobacco” means tobacco manufactured in pursuance of the Excise Act 1901-1934 for purposes of smoking and includes cigarettes manufactured substantially from tobacco in pursuance of that Act;

“vendor” means any person engaged in the sale of tobacco either by wholesale or by retail.

 

* Notified in the Commonwealth Gazette on , 1942.

399.—25/16.1.1942.—Price 3d.


Tobacco Manufacturers’ Advisory Committee.

4.—(1.) For the purposes of these Regulations there shall be a committee called the Tobacco Manufacturers’ Advisory Committee.

(2.) The Tobacco Manufacturers’ Advisory Committee shall consist of—

(a) a Chairman, who shall be an officer of the Department; and

(b) four persons representing manufacturers.

(3.) The members of the Tobacco Manufacturers’ Advisory Committee shall be appointed by the Minister and shall hold office during his pleasure.

(4.) The functions of the Tobacco Manufacturers’ Advisory Committee shall be—

(a) to make recommendations to the Minister concerning the weight of tobacco to be delivered by manufacturers during any month; and

(b) to make recommendations to the Minister concerning any matters relating to the Australian tobacco industry which are referred to it by the Minister.

Limitation on delivery of tobacco.

5.—(1.) The Minister may determine the weight of tobacco which may be delivered during any month by any manufacturer from his factory.

(2.) A manufacturer shall not deliver during any month tobacco in excess of that determined by the Minister in pursuance of the last preceding sub-regulation.

Tobacco to be distributed by manufacturers equitably.

6. It shall be the duty of manufacturers of tobacco to distribute it to vendors in an equitable manner.

State Tobacco Distribution Committees.

7.—(1.) For the purposes of these Regulations there shall be in each State a Committee called the Tobacco Distribution Committee.

(2.) Each of such Committees shall consist of—

(a) a Chairman, who shall be the Collector of Customs for the State or an officer of the Department appointed by him;

(b) a person representing manufacturers;

(c) a person representing vendors engaged in the State in the sale of tobacco by wholesale; and

(d) a person representing vendors engaged in the State in the sale of tobacco by retail.

(3.) Each member of each such Committee (other than the Chairman) shall be appointed by the Minister and shall hold office during his pleasure.

(4.) The functions of each Tobacco Distribution Committee shall be—

(a) to consider any complaints made to the Committee by any vendor of tobacco or any complaint referred to it by the Minister to the effect that the provisions of regulation 6 of these Regulations are not being observed; and

(b) to consider the amount of tobacco which should be delivered during any month to any vendor, and to report to the Minister accordingly.


Minister may make orders requiring delivery of tobacco.

8. The Minister may, by order, direct the amount of tobacco which shall be delivered during any month by a manufacturer to a vendor or by a vendor to another vendor and the manufacturer or vendor shall, unless he has reasonable grounds for not complying with the direction, deliver tobacco accordingly.

Disclosure of information.

9.—(1.) The Comptroller-General of Customs, or any officer of the Department thereto authorized in writing by the Comptroller-General, may require—

(a) any vendor to disclose the source or sources from which he obtained supplies of tobacco and the quantity of tobacco obtained from each such source at any time since the thirtieth day of September, 1939; and

(b) any manufacturer or vendor to furnish such information, and to produce such invoices and other documents, as are necessary to enable the quantity of tobacco received and delivered during any period, and held in stock on any date, to be ascertained.

(2.) A person shall not refuse or fail to comply with any requirement so made or furnish false or misleading information in pursuance of any such requirement.

 

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

Overview

The National Security (Tobacco Rationing) Regulations 1942 were enacted by the Governor-General in Council under the authority of the National Security Act 1939-1940. These regulations were introduced to address the need for strict control over tobacco production and distribution during wartime, ensuring equitable distribution and preventing shortages or black market activities. The regulations were made with the objective of maintaining national security by rationing tobacco supplies effectively. Administered by the Minister of State for Trade and Customs, these regulations established the Tobacco Manufacturers’ Advisory Committee and State Tobacco Distribution Committees to oversee the equitable distribution of tobacco among manufacturers and vendors. Compliance with the regulations was mandatory, and the Minister had the authority to direct deliveries and require the disclosure of information to monitor and enforce the rationing scheme.

Scope and Application

The National Security (Tobacco Rationing) Regulations, made under the National Security Act 1939-1940, apply to manufacturers, vendors, and any person involved in the sale of tobacco in Australia. These Regulations pertain specifically to the distribution and delivery of tobacco products manufactured under the Excise Act 1901-1934, and they cover both wholesale and retail sales. The geographic reach of these Regulations is national, affecting all states and territories within the Commonwealth of Australia. The Regulations establish a framework for controlling the amount of tobacco that can be manufactured and distributed each month, with oversight provided by appointed committees and the Minister of State for Trade and Customs. The Minister has the authority to set delivery limits and make orders regarding the distribution of tobacco, ensuring equitable access for all vendors. The Regulations also provide mechanisms for oversight and enforcement, including the ability to require disclosure of information and impose penalties for non-compliance.

Key Provisions

The National Security (Tobacco Rationing) Regulations, as detailed in Statutory Rules 1942, No. 83, establish a framework for the rationing and distribution of tobacco during a period of national security concern. The regulations are administered by the Minister of State for Trade and Customs (section 2). The main sections of the regulations outline the creation of advisory and distribution committees, limitations on tobacco delivery, and the requirement for equitable distribution of tobacco products. Manufacturers are restricted by the Minister in terms of the quantity of tobacco they can deliver each month (section 5), and they must distribute tobacco equitably to vendors (section 6). Additionally, State Tobacco Distribution Committees are established to address complaints and recommend delivery amounts (section 7). The Minister has the authority to make orders regarding the delivery of tobacco between manufacturers and vendors (section 8). The Act imposes several obligations on manufacturers and vendors. Manufacturers must adhere to the monthly delivery limits set by the Minister and ensure equitable distribution of their products (sections 5 and 6). Vendors, on the other hand, must comply with orders made by the Minister regarding the delivery of tobacco (section 8). Both manufacturers and vendors are required to disclose information about their tobacco supplies and transactions upon request from the Comptroller-General of Customs or authorised officers (section 9). Furthermore, the Tobacco Manufacturers' Advisory Committee and the State Tobacco Distribution Committees are tasked with making recommendations and addressing complaints related to the implementation of the regulations. The Act outlines specific consequences for non-compliance. Manufacturers who exceed the monthly delivery limits set by the Minister are in breach of the regulations (section 5). Vendors who fail to deliver tobacco in accordance with the Minister's orders, without reasonable grounds, also breach the regulations (section 8). Furthermore, any person who refuses or fails to comply with a requirement to disclose information or furnish false or misleading information is subject to penalties (section 9). Although the exact penalties are not specified in the text, breaches of these provisions can lead to enforcement actions by the appropriate authorities.

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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.