STATUTORY RULES.
1945. No. 9.
REGULATION UNDER THE NATIONAL SECURITY ACT 1939-1943.*
I, THE ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the National Security Act 1939-1943.
Dated this nineteenth day of January, 1945.
W. DUGAN
Administrator.
By His Excellency’s Command,
W. J. SCULLY
for and on behalf of the Minister of State for Defence.
Amendment of the National Security (Wheat Acquisition) Regulations.†
The National Security (Wheat Acquisition) Regulations are amended by inserting after regulation 26a the following regulation:—
Board may postpone supply of wheat under certain contracts.
“26b.—(1.) For the purpose of carrying out any scheme approved by the Minister for the rationing of wheat in the interests of the effectual prosecution of the war, the Board may postpone the supply of, or refuse to supply, any quantity of wheat, or any portion thereof, which it has, prior to the commencement of this regulation, contracted to supply to any person for use, or for re-sale for use, as stock feed, but for which it has not accepted any payment.
“(2.) No action shall lie against the Board or the Commonwealth in respect of any postponement or refusal, in accordance with the last preceding sub-regulation, of the supply of any wheat.
* Notified in the Commonwealth Gazette on 19th January, 1945.
† 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.
319.—Price 3d.
“(3.) Where, by reason of any postponement or refusal, in accordance with sub-regulation (1.) of this regulation, of the supply of any wheat, any person is unable to perform, or to perform fully, his obligations under any contract, that person shall be, by force of this regulation, released from those obligations to the extent of that inability, and, subject to this regulation, no action shall lie against that person in respect of any breach of that contract arising out of that inability.
“(4.) Where, by the operation of the last preceding sub-regulation, any person is released from the obligation to supply any wheat or other goods to any other person, that other person shall be entitled to recover the amount or value of any payment or other consideration made or furnished by him to that first-mentioned person in respect of that wheat or other goods.”.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
Overview
The Statutory Rules 1945 No. 9, made under the National Security Act 1939-1943, address the urgent need to control wheat supplies during World War II to ensure resources were efficiently allocated for the war effort. Enacted by the Administrator of the Government of the Commonwealth of Australia, W. Dugan, with the advice of the Federal Executive Council, these regulations amend the National Security (Wheat Acquisition) Regulations to allow the Board to postpone or refuse the supply of wheat under certain contracts. This was intended to facilitate a rationing scheme approved by the Minister, aimed at supporting the effective prosecution of the war. The policy objective is clear: to provide the Board with the necessary flexibility to manage wheat distribution in alignment with national security needs, while also protecting both the Board and the Commonwealth from any legal repercussions arising from such actions.
Scope and Application
The National Security (Wheat Acquisition) Regulations 1945, made under the National Security Act 1939-1943, are primarily concerned with the regulation of wheat supply during the wartime context. These regulations apply to the Board responsible for wheat acquisition and the Commonwealth government, empowering the Board to postpone or refuse the supply of wheat contracted for stock feed purposes, provided that no payment has been accepted for such wheat. This regulation is designed to facilitate the rationing of wheat in support of the war effort. The legislation imposes a liability shield on the Board and the Commonwealth for any actions taken under this regulation, ensuring that no legal action can be brought against them for postponements or refusals of wheat supply. Furthermore, the regulation extends relief to any person who, due to the postponement or refusal, is unable to fulfil their contractual obligations, releasing them from those obligations to the extent of their inability and protecting them from legal action for breach of contract arising from such inability. Conversely, if a party is released from the obligation to supply wheat or other goods due to this regulation, the receiving party is entitled to recover any payments or considerations made in respect of the non-supplied goods.
Key Provisions
The main operative sections of the regulation (Regulation 26b) permit the Board to postpone or refuse the supply of wheat under certain contracts for the purpose of implementing a wheat rationing scheme approved by the Minister. This scheme is intended to support the effective prosecution of the war (26b(1)). Importantly, the regulation shields the Board and the Commonwealth from any legal action resulting from such postponements or refusals (26b(2)). Additionally, if a postponement or refusal affects a person's ability to meet their contractual obligations, that person is released from those obligations to the extent of their inability, and cannot be held liable for any breach of contract arising from this inability (26b(3)). Furthermore, if a party is released from the obligation to supply wheat or other goods, the other party can recover any payment or consideration provided for those goods (26b(4)).
The Act imposes specific obligations on the Board and the parties involved in wheat supply contracts. The Board must adhere to the rationing scheme approved by the Minister and is authorised to postpone or refuse wheat supplies as necessary (26b(1)). Parties to wheat supply contracts are released from their obligations if they cannot perform due to the Board's actions, provided this inability stems directly from the postponement or refusal (26b(3)). Furthermore, the regulation mandates that any party released from their contractual obligations must compensate the other party for any payments or considerations made in relation to the unsupplied wheat or goods (26b(4)).
There are no explicit offences or penalties stated in this regulation. However, the regulation does impose significant consequences for breaches of the outlined provisions. If the Board or the Commonwealth is sued for postponing or refusing wheat supplies, they are protected from liability (26b(2)). Similarly, if a party cannot meet their contractual obligations due to the Board's actions, they are released from those obligations and cannot be held liable for breach (26b(3)). Conversely, if a party is released from supplying wheat or goods, the other party is entitled to recover payments or considerations made, effectively serving as a civil remedy for breach (26b(4)).