National Security (Wheat Industry Stabilization) Regulations (Amendment)

Overview

The Statutory Rules of 1943, No. 29, are regulations made under the National Security Act 1939–1940 by the Governor-General on the advice of the Federal Executive Council. These regulations, dated 4th February 1943, amend the National Security (Wheat Industry Stabilization) Regulations to address specific gaps and issues within the wheat industry during the period of national security concern. The enactment by the Governor-General aims to stabilise the wheat industry, ensuring its efficient and controlled operation in support of national security objectives. The regulations are designed to centralise the administration of the wheat industry under the Minister of State for Commerce and Agriculture, expand the scope of regulated farms to include temporary wheat farms, and impose strict controls on wheat harvesting and registration practices to maintain industry stability and compliance with national security imperatives.

Scope and Application

The Regulations under the National Security Act 1939–1940, specifically amending the National Security (Wheat Industry Stabilization) Regulations, apply to wheat growers and any other person involved in the wheat industry within the Commonwealth of Australia. These regulations are concerned with the stabilization of the wheat industry during wartime, including the control of wheat production and distribution. The regulations are administered by the Minister of State for Commerce and Agriculture, and they extend to the registration of wheat farms, including temporary wheat farms, and the licensing of wheat growers. They also impose strict controls on the harvesting and use of wheat, including prohibiting the harvesting of wheat for grain from unregistered farms, the harvesting of wheat for grain by non-wheat growers, and the cutting of wheat for hay before the ear develops beyond the milky stage on land not registered as a wheat farm. The regulations are enforced through specified forms for registration and licensing, and they may be further extended or restricted through subordinate instruments.

Key Provisions

These Regulations, made under the National Security Act 1939–1940, introduce amendments to the National Security (Wheat Industry Stabilization) Regulations. They establish a new administrative framework and definitions to better manage the wheat industry during a period of national security concern. The Regulations are to be administered by the Minister of State for Commerce and Agriculture (Regulation 1a). Definitions have been expanded to include “temporary wheat farm” which refers to any farm on which wheat may be grown, whether or not it is a registered wheat farm (Regulation 2). The Wheat Industry Stabilization Board's membership has been adjusted from four to five members (Regulation 3). Additionally, the requirements for the registration of wheat farms now also apply to temporary wheat farms (Regulation 4). The Regulations impose specific obligations on wheat growers and other individuals concerning the harvesting and management of wheat. Wheat growers must harvest wheat for grain only from the registered farm for which they hold a licence and must adhere to any conditions specified in their licence (Regulation 11(1)). Non-wheat growers are prohibited from harvesting any wheat for grain (Regulation 11(2)). Furthermore, individuals who occupy or control land that is not a registered farm but on which wheat is sown must cut the wheat for hay before it reaches the milky stage (Regulation 11(3)). Breaches of these Regulations constitute offences with potential penalties. The specific offences include harvesting wheat for grain outside the bounds of a registered farm, failing to comply with licence conditions, and harvesting wheat for grain if not a wheat grower. Additionally, there is a prohibition on cutting wheat for hay on non-registered farms beyond the milky stage. While the Regulations do not explicitly state the penalties for these offences, it can be inferred that contraventions of the National Security Act 1939–1940 could attract significant penalties, considering the context of national security during wartime.