National Security (Wheat Acquisition) Regulations (Amendment)

Legislation au C1948L00010 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1948. No. 10.

 

REGULATIONS UNDER THE DEFENCE (TRANSITIONAL PROVISIONS) ACT 1946-1947.*

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 Defence (Transitional Provisions) Act 1946-1947.

Dated this twelfth day of January, 1948.

W. J. McKell

Governor-General.

By His Excellencys Command,

for and on behalf of the Minister of State for Post-war Reconstruction.

 

Amendments of the National Security (Wheat Acquisition) Regulations.

Expropriation of wheat.

1. Regulation 14 of the National Security (Wheat Acquisition) Regulations is amended by adding at the end thereof the following sub-regulations :—

(2.) An order under the last preceding sub-regulation may be expressed to apply to wheat not in existence, or not harvested, at the date of publication of the order in the Gazette.

(3.) Where an order under sub-regulation (1.) of this regulation is made in respect of any wheat, the Minister may, by the same order or by a subsequent order published in the Gazette, make provision for the revesting in the person from whom any of that wheat is acquired of any of the wheat so acquired which has not been delivered or consigned to a licensed receiver..

Returns.

2. Regulation 15 of the National Security (Wheat Acquisition) Regulations is repealed.

 

* Notified in the Commonwealth Gazette on , 1948.

† Being the Statutory Rules having that title as in force under the Defence (Transitional Provisions) Act 1946-1947. Regulations under the National Security Act 1939-1946 having the corresponding title comprising Statutory Rules 1939, No. 96, as amended by Statutory Rules 1939, Nos. 120, 155 and 180; 1940, Nos. 10, 132, 174, 208 and 271; 1941, Nos. 80, 110, 256 and 273; 1942, Nos. 66 and 426; 1943, Nos. 52 and 196; and 1945, No. 9. The regulations were also amended by the Defence (Transitional Provisions) Act 1946 and the Defence (Transitional Provisions) Act 1947.

7783.—Price 3d. 10/22.12.1947.


Compensation.

3.—(1.) Regulation 19 of the National Security (Wheat Acquisition) Regulations is amended—

(a) by omitting from sub-regulation (1.) all the words after the words in accordance with and inserting in their stead the words a form approved by the Board;

(b) by inserting after sub-regulation (1.) the following sub-regulation :—

(1a.) A person entitled to compensation in respect of wheat of any season acquired under these Regulations, being a person who has made a claim in accordance with the last preceding sub-regulation, shall be entitled to be paid an amount of compensation calculated by the Board in accordance with this regulation on the basis of the fate of compensation for fair average quality bagged wheat or bulk wheat, as the case may be, of that season determined by the Minister, on the recommendation of the Board, on a free on rails at main ports basis (without regard to any deduction authorized by this regulation to be made).;

(c) by omitting from sub-regulation (2.) the symbols and figure (1.) and inserting in their stead the symbols and figure (1a.)”;

(d) by omitting from sub-regulation (2.) the words in respect of” and inserting in their stead the word “affecting;

(e) by omitting from sub-regulation (2a.) the words basis of the and inserting in their stead the words “rate or rates of;

(f) by inserting in sub-regulation (2a.) after the word compensation (second occurring), the words at the relevant rate; and

(g) by omitting sub-regulation (2ab.).

(2.) The amendments made by the last preceding sub-regulation shall apply in relation to all claims in respect of which the Minister has not, before the commencement of this regulation, made a determination of the amount of compensation payable.

The Schedule.

4. The Schedule to the National Security (Wheat Acquisition) Regulations is amended by omitting Form B.

 

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

Overview

The Statutory Rules of 1948, No. 10, enacted under the Defence (Transitional Provisions) Act 1946-1947, address the need to make amendments to the National Security (Wheat Acquisition) Regulations to facilitate the post-war economic transition. The Federal Executive Council, acting on the advice of the Minister of State for Post-war Reconstruction, implemented these regulations to ensure the orderly expropriation and compensation of wheat during this transitional period. The overarching policy objective was to support the re-establishment of Australia’s agricultural sector in a manner that balanced national security needs with the fair treatment of affected parties.

Scope and Application

The Regulations under the Defence (Transitional Provisions) Act 1946-1947, specifically amending the National Security (Wheat Acquisition) Regulations, apply to the acquisition, management, and compensation processes associated with wheat in Australia. These regulations impact individuals and entities involved in the wheat industry, including farmers, licensed receivers, and the Minister responsible for post-war reconstruction. The regulations address the expropriation of wheat, the calculation of compensation, and the procedures for making and processing compensation claims. The geographic scope of these regulations is national, as they pertain to wheat production and distribution across the Commonwealth of Australia. The regulations also specify that compensation calculations should be based on the fate of compensation for fair average quality bagged wheat or bulk wheat, determined on a free on rails at main ports basis. Furthermore, the regulations amend and repeal certain sub-regulations to streamline the process and improve the administration of wheat acquisition and compensation claims. The amendments apply to all claims for which the Minister has not yet determined the compensation amount.

Key Provisions

The statutory rules, made under the Defence (Transitional Provisions) Act 1946-1947, amend the National Security (Wheat Acquisition) Regulations by adding sub-regulations to Regulation 14 (1) and amending Regulation 19 (1) (section 1). The primary changes allow for orders concerning wheat to apply to wheat that is not yet in existence or harvested (Regulation 14(2)) and permit the Minister to provide for the revesting of wheat acquired under an order in the original owner if it has not been delivered or consigned to a licensed receiver (Regulation 14(3)). Additionally, Regulation 15 is repealed (section 2). The amendments also adjust the calculation of compensation for wheat acquired under the regulations, replacing the previous method with a new basis determined by the Board, taking into account the fate of compensation for fair average quality bagged wheat or bulk wheat of that season (Regulation 19(1a)) (section 3). Finally, the Schedule to the National Security (Wheat Acquisition) Regulations is amended by omitting Form B (section 4). These regulations impose specific obligations on the parties involved in the acquisition of wheat under the National Security (Wheat Acquisition) Regulations. The Minister, under Regulation 14(2), must ensure that orders concerning wheat can apply to wheat that has not yet been harvested, thereby extending the scope of the regulations. Furthermore, Regulation 14(3) requires the Minister to provide a mechanism for the revesting of wheat in its original owner if it has not been delivered to a licensed receiver. Compensation calculations, as amended by Regulation 19(1a), must now be based on the determination by the Board of the fate of compensation for fair average quality bagged wheat or bulk wheat of the relevant season. The statutory rules do not explicitly state any offences, penalties, or consequences for breach of the regulations. However, the implications of non-compliance with the amended regulations could potentially lead to disputes over the revesting of wheat and the calculation of compensation, which may result in legal actions seeking judicial interpretation or enforcement of the provisions. Given that these rules are transitional provisions, they aim to ensure a smooth transition and compliance with the new methods of wheat acquisition and compensation.

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Area of Law
National Security Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Repeal & Amendment
Compensation

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