Supply and Development (Administration) Regulations 1Amendment)

Legislation au C1943L00043 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1943. No. 43.

 

REGULATIONS UNDER THE SUPPLY AND DEVELOPMENT ACTS 1939.*

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 Supply and Development Acts 1939.

 

Dated this twenty-fourth day of February, 1943.

(SGD.) GOWRIE.

Governor-General.

By His Excellency’s Command,

Minister of State for Supply and Shipping.

 

Amendments OF The Supply and Development (Administration) Regulations.†

Parts.

1. Regulation 4 of the Supply and Development (Administration) Regulations is amended—

(a) by omitting the words and figures “Part VI.—Aircraft Construction”; and

(b) by adding, after the words and figures “Part VII.—Commonwealth Oil Board”, the words and figures “ Part VIII.—Food Purchasing Board.”.

Definitions.

2. Regulation 5 of the Supply and Development (Administration) Regulations is amended by omitting from the definition of “the Secretary” the word “Development” and inserting in its stead the word “Shipping”.

Functions of Contract Board.

3. Regulation 29 of the Supply and Development (Administration) Regulations is amended—

(a) by inserting in sub-regulation (1.), after the word “supplies”, the words “other than food”; and

(b) by inserting in sub-regulation (2.), after the word “material”, the words “other than food”.

 

* Notified in the Commonwealth Gazette on , 1943.

† Statutory Rules 1939, No. 97, as amended by Statutory Rules 1940, Nos. 99 and 154, and by Statutory Rules 1942, Nos. 3 and 464.


4. After Regulation 57 of the Supply and Development (Administration) Regulations the following heading and Regulations are added:—

Part VIII.—Food Purchasing Board.

Constitution of Food Purchasing Board.

“58.—(1.) There shall be a Food Purchasing Board which shall consist of—

the Controller of Defence Foodstuffs;

the Chairman of the Contract Board;

a person nominated by the Department of Navy;

a person nominated by the Department of Army;

a person nominated by the Department of Air;

an Officer of the Department of Supply and Shipping who shall be the Secretary of the Board; and

a person nominated by each of such other Departments as are approved by the Minister.

(2.) The Minister may appoint any person possessing expert or business knowledge to attend any meeting of the Board in a consultative capacity.

(3.) Such representatives of any Naval, Military or Air Forces of any foreign power allied or associated with His Majesty in any war in which His Majesty is engaged as are approved by the Minister may attend meetings of the Board and enter into the discussions of the Board, but shall not be entitled to vote or otherwise exercise any power or function of a member of the Board.

Chairman and Deputy Chairman of the Board.

“59.—(1.) The Controller of Defence Foodstuffs shall be the Chairman of the Food Purchasing Board and shall preside at meetings of the Board.

(2.) The Minister may appoint a member of the Food Purchasing Board to be Deputy Chairman, and, in the absence of the Chairman, the Deputy Chairman shall have and may exercise all the functions of the Chairman at any meeting of the Board.

Meetings of the Food Purchasing Board.

“60.—(1.) A meeting of the Food Purchasing Board shall be convened by the Chairman, or, in his absence, by the Deputy Chairman.

(2.) Three members of the Board, including the Chairman or the Deputy Chairman, shall constitute a quorum for the transaction of the business of the Board.

(3.) Questions shall be decided by a majority of votes, and, in the event of an equality of votes, the presiding member shall have a second or casting vote.

Functions of Food Purchasing Board.

“61.—(1.) The Food Purchasing Board shall arrange, by inviting public tenders or by quotation or otherwise for the purchase of food and for the performance of services in connexion with the production, supply and distribution of food:

Provided that, if in any case the amount involved exceeds Fifteen thousand pounds, a tender or quotation shall not be accepted or purchase made by the Board until the Minister’s approval has been obtained.

(2.) The Food Purchasing Board shall be charged with the sale or disposal by public auction, by public tender or quotation, by treaty or by such other means as are approved by the Minister at such prices as the Board decides are fair and reasonable and in the public interest, of all surplus or redundant food as is approved by any competent authority for disposal.


Contracts.

“62. The Chairman of the Food Purchasing Board shall, for and on behalf of the Commonwealth Government, enter into contracts approved by the Minister or the Board as provided by these Regulations.

Delegation of powers.

“63.—(1.) Subject to the approval of the Minister, the Food Purchasing Board may, by writing under the hand of each member of the Food Purchasing Board, delegate to any member of the Food Purchasing Board or to any officer any of the powers of the Food Purchasing Board so that the delegated powers may be exercised by the delegate in respect of the matter or class of matters specified or defined in the instrument of delegation as fully and effectually as by the Food Purchasing Board.

(2.) Any delegation under this regulation shall be revocable in writing at will and no delegation shall prevent the exercise of any power by the Food Purchasing Board.”.

 

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

Overview

The Supply and Development (Administration) Regulations were amended by Statutory Rules 1943, No. 43, which was enacted by the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council. This legislative instrument was introduced to address the need for more efficient food supply and purchasing arrangements during a period of national crisis. The regulations amend the Supply and Development (Administration) Regulations to establish a Food Purchasing Board, which was necessary to manage the procurement and distribution of food supplies effectively. The policy objective was to ensure a stable and sufficient food supply for the nation amidst wartime challenges, reflecting the urgent need to coordinate national resources and efforts to support the war effort.

Scope and Application

These Regulations, made under the Supply and Development Acts 1939, amend the Supply and Development (Administration) Regulations to establish a Food Purchasing Board. This Board is tasked with arranging the purchase of food and services related to food production, supply, and distribution, either by inviting public tenders or by other means, provided that transactions exceeding £15,000 require the Minister's approval. The Board also has the responsibility to sell surplus or redundant food through public auction, tender, quotation, or other approved means at prices deemed fair and reasonable. The Board consists of several key personnel, including the Controller of Defence Foodstuffs who serves as the Chairman, and representatives from various government departments. Additionally, representatives from allied foreign forces may attend meetings but cannot vote or exercise Board powers. The Board’s functions exclude food-related activities, as specified in the Regulations, and its powers can be delegated subject to the Minister's approval.

Key Provisions

The main operative sections of the Regulations under the Supply and Development Acts 1939 (section 2(1)) include the establishment of a Food Purchasing Board (sections 58 to 63), which is tasked with the purchase, sale, and distribution of food. The Board is composed of specific members, including the Controller of Defence Foodstuffs, the Chairman of the Contract Board, and representatives from various government departments (section 58). The Board is responsible for arranging the purchase of food and related services through public tenders or quotations, with certain limitations (section 61). Furthermore, the Board has the authority to enter into contracts on behalf of the Commonwealth Government, subject to the approval of the Minister or the Board itself (section 62). The Board also has the power to delegate its functions to its members or officers, subject to the Minister's approval (section 63). These Regulations impose several obligations on the parties involved. The Food Purchasing Board must arrange the purchase of food and related services through public tenders or quotations, with a specific provision for cases where the amount involved exceeds Fifteen thousand pounds (section 61). The Board must obtain the Minister’s approval before accepting any tender or quotation and making a purchase in such cases. Additionally, the Board is responsible for the sale or disposal of surplus or redundant food through various means approved by the Minister (section 61). The Chairman of the Board is tasked with entering into contracts on behalf of the Commonwealth Government, which must be approved by either the Minister or the Board (section 62). The Board may also delegate its powers to its members or officers, subject to the Minister's approval (section 63). Failure to comply with the provisions of these Regulations may result in various civil or criminal consequences. Although the Regulations themselves do not explicitly state specific offences or penalties, breaches of the Supply and Development Acts 1939 or related provisions could potentially lead to legal actions under the broader legislative framework. Penalties for breaches of the Supply and Development Acts 1939 could include fines and imprisonment, depending on the severity of the breach and other relevant factors. The exact penalties would be determined in the context of the broader legislative framework and any applicable laws at the time of the breach.

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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.