War Precautions (Dairy Produce Pool) Regulations 1918 (Amendment)

Overview

The Statutory Rules 1920, No. 19, made under the War Precautions Act 1914–1918 and the Commercial Activities Act 1919, introduce amendments to the War Precautions (Dairy Produce Pool) Regulations. These regulations were enacted by the Governor-General, in accordance with advice from the Federal Executive Council, and came into operation immediately upon their promulgation on 22 January 1920. The primary objective of these amendments is to ensure the equitable redistribution of bonus moneys received by the Committee from the Imperial Government. This redistribution aims to ensure that the benefits received from the sale of dairy products are appropriately allocated to those who supplied milk or cream during the specified period. The policy objective is to maintain fairness and transparency in the distribution process, thereby supporting the broader economic interests affected by the wartime regulations.

Scope and Application

The Regulations under the War Precautions Act 1914–1918 and the Commercial Activities Act 1919, introduced by the Governor-General and effective from 22 January 1920, govern the distribution of bonus moneys from the Imperial Government to entities involved in the supply of dairy produce. These regulations apply specifically to individuals, firms, companies, and associations that supplied butter or cheese to the Committee. They mandate that these entities provide an undertaking to redistribute the bonus moneys proportionately to those who supplied milk or cream during the relevant period. The regulations also require the submission of an audited statement within two months of receiving the bonus moneys, detailing the redistribution. Additionally, entities may deduct up to 5% of the bonus moneys to cover redistribution costs, with any unredistributed funds required to be refunded to the Committee. The regulations extend to milled butter, specifying that bonus payments are only applicable to the portion of such butter that was part of the Imperial Government contract. These provisions ensure transparency and equitable distribution within the dairy industry during the specified period.

Key Provisions

The statutory rules establish a series of provisions concerning the redistribution of bonus moneys under the War Precautions (Dairy Produce Pool) Regulations. Regulation 38 (1) requires that any bonus moneys received from the Imperial Government by the Committee cannot be distributed to suppliers of butter or cheese unless the recipient provides a written undertaking to the Committee, in an approved form, to redistribute the funds to those who supplied milk or cream during the relevant period. This redistribution must be proportionate to the amount of milk and cream supplied (Regulation 38(2)). Regulation 39 mandates that within two months of receiving the bonus moneys, the recipient must submit a statement, certified by a qualified auditor, detailing the redistribution of the funds as per the commitment made under Regulation 38. The obligations imposed on the parties include providing a written undertaking to redistribute bonus moneys (Regulation 38), submitting a certified statement of redistribution (Regulation 39), and ensuring any unredistributed funds are returned to the Committee (Regulation 41). Furthermore, Regulation 40 allows recipients to deduct up to 5% of the bonus moneys to cover the costs of redistribution. Regulation 42 specifies that bonus moneys for milled butter are payable only in respect of butter placed in the Imperial Government contract and are to be paid to the original supplier of the milled butter. The rules establish specific consequences for non-compliance. Regulation 41 explicitly states that any bonus moneys not redistributed in accordance with the undertaking given under Regulation 38 must be refunded to the Committee. Although the statutory rules do not explicitly state criminal or civil penalties for non-compliance, the obligation to refund unredistributed funds and the requirement to provide certified statements of redistribution imply a significant level of accountability. Failure to adhere to these provisions could result in financial loss to the party failing to comply, as well as potential administrative actions taken by the Committee to ensure compliance.