National Security (Wheat Industry Stabilization) Regulations (Amendment)

Legislation au C1941L00184 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1941. No. 184.

 

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 thirteenth day of July, 1941.

Governor-General.

By His Excellency’s Command,

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

 

Amendments of the National Security (Wheat Industry Stabilization) Regulations.†

Definitions.

1. Regulation 2 of the National Security (Wheat Industry Stabilization) Regulations is amended by omitting from the definition of “wheat farm” the words “grain, but does not include” and inserting in their stead the words “grain, and includes any farm—

(a) which the Board is satisfied was, prior to the first day of January, One thousand nine hundred and forty-one, prepared or fallowed for the purpose of sowing wheat for grain thereon during the year commencing on that date; and

(b) concerning which the Board is satisfied that special circumstances exist which make it just that the farm should be treated as being within the meaning of this definition,

but does not include”.

Wheat Industry Stabilization Board.

2. Regulation 3 of the National Security (Wheat Industry Stabilization) Regulations is amended by adding at the end of sub-regulation (2.) the words “and another of the members to be the Executive Member of the Board”.

* Notified in the Commonwealth Gazette on  , 1941.

† Statutory Rules 1940, No. 268.

3616.—20/18.7.1941.—Price 3d


Duties of Board.

3. Regulation 7 of the National Security (Wheat Industry Stabilization) Regulations is amended by adding at the end of paragraph (b) the words “, and, for those purposes, the Board may appoint such committees to assist it as it thinks fit.”.

Registration of wheat growers.

4. Regulation 9 of the National Security (Wheat Industry Stabilization) Regulations is amended—

(a) by omitting from paragraph (a) of sub-regulation (3.) the word “and”;

(b) by inserting after paragraph (a) of sub-regulation (3.), the following paragraph:—

“(ab) that of the acreage so sown with wheat the wheat-grower shall, before the ear develops beyond the milky stage, cut for hay such of the crop, if any, as the Board determines; and”; and

(c) by adding at the end thereof the following sub-regulation:—

“(5.) A licence under this regulation shall be in respect of a registered farm, and, if that farm ceases to be registered, the licence shall thereupon, by force of this regulation, be cancelled.”.

5. Regulations 11 and 12 of the National Security (Wheat Industry Stabilization) Regulations are repealed and the following Regulations inserted in their stead:—

“Offences.

11.—(1.) A wheat-grower shall not—

(a) after the thirtieth day of September, One thousand nine hundred and forty-one, harvest wheat for grain from any land other than from the wheat farm in respect of which he is licensed; or

(b) contravene or fail to comply with any condition of his licence.

“(2.) A person, not being a wheat-grower, shall not, after the thirtieth day of September, One thousand nine hundred and forty-one, harvest any wheat for grain.

“(3.) Any person, whether a wheat-grower or not, being the occupier or having the control of any land which is not a wheat farm and on which wheat is sown, shall cut that wheat for hay before the ear develops beyond the milky stage.

“(4.) Notwithstanding anything contained in the foregoing provisions of this regulation, it shall be lawful, until the thirty-first day of January, One thousand nine hundred and forty-two, for a person who is not a wheat-grower to harvest wheat for grain for his own use if the area, or aggregate of the areas, of the land from which he harvests the wheat does not exceed ten acres.

Returns.

“12.—(1.) The Minister may, by notice published in the Gazette, require any persons or any class of persons who own or occupy any land on which wheat is sown, to furnish to the Minister or to such other person as is specified in the notice, such returns relating to the sowing or harvesting of wheat as are specified in the notice, and any person, or any member of any class of persons, so required shall, in the form and manner and within the time specified in the notice, furnish those returns accordingly.


“(2.) The Minister, or any person authorized in that behalf by the Minister, may, by notice in writing addressed to any person who is required to furnish any return under the last preceding sub-regulation, require that person to furnish a further or fuller return relating to the sowing or harvesting of wheat, and any person so required shall, in the form and manner and within the time specified in the notice, furnish such further or fuller return, as the case may be, accordingly.

“(3.) The Minister may enter into an arrangement with any State providing for the collection on behalf of the Commonwealth by officers employed by that State of any returns, or any further or fuller returns, required to be furnished under this regulation.”.

 

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

Overview

The Statutory Rules 1941, No. 184, made under the National Security Act 1939-1940, address the need for stringent measures to stabilise the wheat industry amidst national security concerns during the Second World War. Enacted by the Governor-General in Council, these regulations aim to ensure the efficient and controlled production of wheat for the war effort. The policy objective is to maintain the stability and supply of wheat, a critical resource, by imposing licensing requirements, controlling harvesting practices, and mandating reporting of sowing and harvesting activities. The regulations provide for the Wheat Industry Stabilization Board to enforce these measures, ensuring compliance through the appointment of committees and the imposition of penalties for non-compliance.

Scope and Application

The Statutory Rules 1941, No. 184, which are regulations made under the National Security Act 1939-1940, primarily concern the wheat industry in Australia during the early years of World War II. These regulations apply to wheat growers and other persons involved in the cultivation and harvesting of wheat, specifically those who are licensed under the National Security (Wheat Industry Stabilization) Regulations. The regulations define a "wheat farm" more expansively, including any farm that was prepared or fallowed for sowing wheat before a specified date and where special circumstances justify its inclusion. The Wheat Industry Stabilization Board, which is tasked with overseeing the implementation of these regulations, has additional powers and responsibilities, including the ability to form committees to assist in its duties. Furthermore, the regulations mandate that wheat growers must register their farms and comply with certain harvesting practices, while also specifying penalties for non-compliance. The regulations extend to the entire Commonwealth of Australia and include provisions for the collection of returns and reports regarding wheat sowing and harvesting activities. Notably, the regulations allow for some exceptions, such as the limited harvesting of wheat for personal use on small plots of land.

Key Provisions

The main operative sections of the Regulations under the National Security Act 1939-1940 (C1941L00184) include amendments to the definitions, the Wheat Industry Stabilization Board, duties of the Board, registration of wheat growers, and offences related to wheat harvesting. Regulation 2 amends the definition of “wheat farm” to include any farm prepared or fallowed for sowing wheat before January 1, 1941, and to consider special circumstances for inclusion. Regulation 3 requires the Board to include an Executive Member among its members. Regulation 7 allows the Board to appoint committees as necessary. Regulation 9 mandates wheat growers to register their farms and obtain a licence, and requires them to cut wheat for hay before the ear develops beyond the milky stage if directed by the Board. Regulations 11 and 12 replace previous provisions to include new offences and return requirements for wheat growers. The Regulations impose several obligations on wheat growers and other persons involved in the wheat industry. Wheat growers must register their farms and obtain a licence, comply with the Board’s directions regarding the cutting of wheat for hay, and adhere to specific conditions of their licence. They are prohibited from harvesting wheat for grain from land other than their licensed wheat farm after September 30, 1941. Persons who are not wheat growers must also cut wheat for hay before the ear develops beyond the milky stage if it is sown on their land. Additionally, the Regulations require wheat growers and other specified persons to furnish returns to the Minister regarding the sowing and harvesting of wheat, as directed by the Minister. The Regulations establish several offences and associated penalties for breaches. Regulation 11 outlines that wheat growers who harvest wheat for grain after September 30, 1941, from land other than their licensed wheat farm or who fail to comply with their licence conditions are subject to penalties. Similarly, non-wheat growers who harvest wheat for grain after this date are also subject to penalties. Any person, whether a wheat grower or not, who fails to cut wheat for hay before the ear develops beyond the milky stage on land where wheat is sown faces penalties. These offences are criminal in nature and, while specific penalties are not stated in the Regulations, they are likely to be determined by the relevant courts under the National Security Act 1939-1940.

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National Security Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Reporting & Disclosure Obligations
Offence Provisions
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