National Security (Wheat Industry Stabilization) Regulations

Legislation au C1940L00268 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1940. No. .

––––––

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 Ninth day of November, 1940.

Governor-General.

By His Excellency’s Command,

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

Regulations Relating to the Stabilization of the Wheat Industry.

Citation.

1. These Regulations may be cited as the National Security (Wheat Industry Stabilization) Regulations.

Definitions.

2. In these Regulations, unless the contrary intention appears—

“registered farm” means a wheat farm registered under these Regulations;

“The Australian Wheat Board” means the Board constituted under that name by the Wheat Acquisition Regulations;

“the Board” means the Wheat Industry Stabilization Board constituted by these Regulations;

“the Minister” means the Minister of State for Commerce;

“wheat farm” means a farm on which, at any time during the period commencing on the first day of October, One thousand nine hundred and thirty-eight and terminating on the first day of April, One thousand nine hundred and forty-one, wheat has been harvested as grain, but does not include any land in respect of which the Government of a State, in

* Notified in the Commonwealth Gazette on , 1940.

7101.—15/27.11.1940.—Price 3d.

pursuance of any scheme to prevent the production of wheat on unsuitable land, or on land in unsuitable districts, has caused the cessation of the production of wheat;

“wheat-grower” means a person licensed under these Regulations to grow wheat.

Wheat Industry Stabilization Board.

3.—(1.) There shall be a Wheat Industry Stabilization Board which shall consist of three members appointed by the Minister by notice published in the Gazette who shall hold office during the pleasure of the Minister.

(2.) The Minister may appoint one of the members to be the Chairman of the Board.

Deputies of members.

4.—(1.) The Minister may, in respect of each member of the Board, appoint a person to be the deputy of that member.

(2.) Any person so appointed shall, in the event of the illness or absence of the member of whom he is the deputy, have all the powers of that member during his illness or absence.

(3.) No such appointment of a deputy and no acts done by him as such shall in any proceedings be questioned on the ground that the occasion for his appointment had not arisen or had ceased.

Fees and expenses.

5. There shall be payable to any member of the Board, and to the deputy of any such member, such salaries, fees and expenses as the Governor-General directs.

Officers of Board.

6.—(1.) The Board may appoint such officers as are necessary to assist the Board in carrying out its functions under these Regulations.

(2.) Officers appointed in pursuance of this regulation shall not be subject to the Commonwealth Public Service Act 1922-1939 and shall hold office during the pleasure of the Board.

(3.) Where an officer appointed in pursuance of this regulation was, immediately prior to his appointment, an officer of the Public Service of the Commonwealth, his service as an officer of the Board shall, for the purpose of determining his existing and accruing rights, be taken into account as if it were service in the Public Service of the Commonwealth and the Officers’ Rights Declaration Act 1928-1933 shall apply as if these Regulations and this regulation were an Act and section specified in the Schedule to that Act.

(4.) The salaries and allowances of officers appointed in pursuance of this regulation shall be as directed by the Minister, except where the sum of the salary and allowances payable to an officer during any year is to exceed Five hundred pounds, in which case the salary and allowances shall be as directed by the Governor-General.

Duties of Board.

7.The duties of the Board shall be—

(a) to advise the Minister and the Australian Wheat Board on such matters connected with the stabilization and control of the wheat industry as the Minister directs; and

(b) subject to any direction of the Minister, to organize and control the registration of wheat farms and the licensing of persons to grow wheat under these Regulations.

Registration of wheat farms.

8.—(1.) The owner of any wheat farm may make application to the Board, in accordance with Form A in the Schedule to these Regulations, for the registration of that wheat farm under these Regulations.

(2.) The Board shall consider every such application and, subject to any direction of the Minister but otherwise in its absolute discretion, may register any such wheat farm.

(3.) Where the owner of a wheat farm has not made application in accordance with sub-regulation (1.) of these Regulations, the Board may permit a lessee of that wheat farm, or such other person as it thinks fit, to make an application, and may, in respect of any such application, register that wheat farm for such period, not exceeding twelve months, as it thinks fit.

(4.) The Minister or the Board may at any time cancel the registration of any wheat farm.

Registration of wheat-growers.

9.—(1.) Any person may make application to the Board, in accordance with Form B in the Schedule to these Regulations, to be licensed as a wheat-grower.

(2.) The Board shall consider every such application and, subject to any direction of the Minister but otherwise in its absolute discretion, may license the applicant as a wheat-grower.

(3.) The following shall be conditions of every licence granted under these Regulations:—

(a) that the wheat-grower will not sow with wheat a greater number of acres of land than the Board determines; and

(b) such other conditions as the Minister notifies by Order published in the Gazette.

(4.) A licence under this regulation shall, unless sooner cancelled by the Board, continue in force until the first day of March next following the granting of the licence but may be renewed, from time to time, for a period of one year.

False statements in applications.

10. A person shall not make a false statement in any application made under these Regulations.

Offences by registered growers.

11. A wheat-grower shall not—

(a) sow wheat for grain on any land other than on the registered farm in respect of which he is licensed;

(b) harvest for grain any wheat sown for hay or sown in contravention of these Regulations; or

Offences by other persons.

12. A person who is not a wheat-grower shall not sow or, after the thirtieth day of September, One thousand nine hundred and forty-one, harvest any wheat for grain.

Licence not to confer rights contrary to State law.

13. Nothing in these Regulations, or in any licence granted under these Regulations, shall be construed as empowering any person to sow or harvest wheat on any land on which, but for these Regulations, it would not be lawful for him to sow or harvest wheat, as the case may be.

THE SCHEDULE.

——

National Security (Wheat Industry Stabilization) Regulations.

Reg. 8. Form A.

APPLICATION FOR REGISTRATION OF A WHEAT FARM.

Name of applicant

Address of applicant State of

Name of owner

Address of owner

Location of wheat farm—

Area of wheat farm: acres.

—	1937-38.	1938-39.	1939-40.	1940-41.
Area sown to wheat for grain..................
Area sown to wheat for hay and other purposes......
Area sown to wheat for all purposes.............
Total wheat harvested (bushels)................
Wheat marketed as grain (bushels)..............
Wheat retained for seed (bushels)...............
Wheat retained for feed (bushels)...............
I of being the
owner	of the wheat farm described above hereby apply for its registration as a wheat farm.
occupier
lessee

I declare that the information given above is true and correct in every particular.

Signature

Date

National Security (Wheat Industry Stabilization) Regulations.

Reg. 9. Form B.

APPLICATION FOR A LICENCE TO GROW WHEAT.

Name of applicant

Address of applicant State of

Particulars of registered wheat farm—

Area of wheat farm: acres.

Area to be sown to wheat by applicant: acres.

I, of hereby apply for a licence to grow wheat on a registered farm described above.

I declare that the information given above is true and correct in every particular.

If so licensed, I agree to comply with the conditions of the licensing.

Signature

Date

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

Overview

The National Security (Wheat Industry Stabilization) Regulations were enacted in 1940 under the National Security Act 1939-1940 to address the need for stabilization and control of the wheat industry in Australia during a period of national security concerns. These regulations were made by the Governor-General in accordance with the advice of the Federal Executive Council and were designed to manage wheat production effectively in response to wartime demands and economic stability. The enacting body was the Minister of State for Commerce, who was tasked with overseeing the regulation of wheat farms and the licensing of wheat growers to ensure the wheat industry's sustainability and efficiency during this critical period. The overarching policy objective was to stabilise and control the wheat industry to support national security and economic stability.

Scope and Application

The National Security (Wheat Industry Stabilization) Regulations pertain to the stabilization and control of the wheat industry within the Commonwealth of Australia. These Regulations apply to wheat farms and wheat-growers, requiring the registration of wheat farms and the licensing of individuals to grow wheat. The Wheat Industry Stabilization Board, established under these Regulations, is responsible for overseeing the registration process and advising on matters related to the wheat industry. The scope of these Regulations includes the establishment of a Board to manage the registration and licensing processes, the conditions under which wheat may be grown and harvested, and the penalties for making false statements in applications. Notably, these Regulations apply to any wheat farm and any wheat-grower within the Commonwealth, without specific exclusions, though they do not permit activities that would otherwise be unlawful under state law. The Regulations also allow for the appointment of deputies for Board members and the establishment of officers to assist the Board in its functions.

Key Provisions

The National Security (Wheat Industry Stabilization) Regulations, 1940, provide a structured framework for the stabilization and control of the wheat industry in Australia. These Regulations are underpinned by a series of key provisions that define roles, responsibilities, and processes. For instance, section 2 provides definitions for key terms such as "registered farm", "Australian Wheat Board", "Board", "Minister", "wheat farm", and "wheat-grower". Section 3 establishes the Wheat Industry Stabilization Board, which is composed of three members appointed by the Minister (section 3(1)). The Minister can appoint one member to serve as the Chairman of the Board (section 3(2)). Deputies can be appointed for each Board member to act in their absence (section 4(1)), and these deputies have full powers of their respective members (section 4(2)). The fees and expenses for Board members and their deputies are directed by the Governor-General (section 5). The Board is empowered to appoint officers necessary for carrying out its functions, who are exempt from the Commonwealth Public Service Act 1922-1939 (section 6). The duties of the Board include advising the Minister and the Australian Wheat Board on matters of wheat industry stabilization and control, and managing the registration of wheat farms and licensing of wheat-growers (section 7). The Regulations impose several obligations on the parties involved. Wheat farm owners can apply for the registration of their farms, and the Board has the discretion to register or deny these applications (section 8). If the owner does not apply, the Board can allow a lessee or another person to apply on their behalf (section 8(3)). The Board can also cancel the registration of a wheat farm at any time (section 8(4)). Prospective wheat-growers must apply for a licence from the Board, which can be granted subject to certain conditions, such as limiting the number of acres to be sown with wheat (section 9). All applications must be made in accordance with the prescribed forms (Schedule, Regulations 8 and 9). Any person making an application must not provide false information (section 10). Wheat-growers are subject to specific restrictions, such as only sowing wheat on registered farms, not harvesting wheat sown for hay, and complying with all registration conditions (section 11). Non-wheat-growers are prohibited from sowing or harvesting wheat after September 30, 1941 (section 12). Breaches of these Regulations can result in significant legal consequences. Making false statements in applications is an offence (section 10), and wheat-growers who violate their licensing conditions face penalties (section 11). Non-wheat-growers who sow or harvest wheat after the specified date also commit an offence (section 12). The Regulations explicitly state that they do not grant any rights contrary to State law, ensuring that all actions under these Regulations remain within the bounds of applicable state legislation (section 13). While the exact penalties for these offences are not detailed in the provided excerpt, they are likely to be severe, given the context of national security and the importance of the wheat industry during wartime.

Area of Law: National Security Law; Agriculture Law
Instrument: Regulation
Concepts: Definitions & Interpretation; Offence Provisions; Licensing & Registration; Enforcement Powers

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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.

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