War Precautions (Flax) Regulations 1918 (Amendment)

Legislation au C1919L00174 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1919. No. 174.

 

REGULATIONS UNDER THE WAR PRECAUTIONS ACT 1914–1918.

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 War Precautions Act 1914–1918, to come into operation forthwith.

Dated this second day of July, 1919.

R. M. FERGUSON,

Governor-General.

By His Excellency’s Command,

E. J. RUSSELL,

Acting Minister of State for Defence.

 

Amendment of War Precautions (Flax) Regulations 1918.

(Statutory Rules 1918, No. 80, as amended by Statutory Rules 1918, No. 243.)

1. Regulation 6 of the War Precautions (Flax) Regulations is amended—

(a) by omitting paragraph (b);

(b) by omitting paragraph (e) and inserting in its stead the following paragraph:—

“(e) to appraise the value of the flax crops grown during the years 1918 and 1919;”;

(c) by omitting from paragraph (g) the word “green”; and

(d) by adding at the end thereof the following paragraph:—

“and (j) to carry out tests—

(i) to ascertain the productiveness and disease resistance of flax seed; and

(ii) of appliances and processes appertaining to the manufacture of flax products,

and to carry out such other tests or experimental work as is directed by the Minister.”.

2. Regulation 7 of the War Precautions (Flax) Regulations is amended—

(a) by omitting the words “Victorian-grown” and inserting in their stead the words “Australian-grown”; and

(b) by inserting after the words “flax seed” the words “for sowing purposes”.


3. After regulation 8 of the War Precautions (Flax) Regulations the following regulations are inserted:—

Flax to be delivered to Committee.

“8a. All flax grown from Australian or other approved seed during the year 1919 shall, unless the Minister otherwise directs he delivered unthreshed to the Committee or to such person as the Committee directs, at such place as the Committee specifies, and the Committee shall, subject to these Regulations, he authorized to purchase the flax on behalf of the Commonwealth Government

Flax to be stacked pending delivery to Committee.

“8b. (1) Until the Committee specifies the place at which the flax referred to in the last-preceding regulation is to be delivered the grower shall, subject to the directions of the Committee, stack and (if necessary) cover, to the satisfaction of the Committee, the flax when properly dry.

“(2) The Committee may grant to the grower such allowance, not exceeding Two shillings and sixpence per ton, as it deems equitable towards defraying the cost incurred by the grower in stacking and covering the flax.

Financial assistance to flax milling companies.

“8c. The Committee may, subject to the approval of the Minister, advance money or machinery to, or otherwise financially assist, Co-operative or other Companies, in which the majority in number of the shares in the Company are held bonâ fide by flax growers, for the specific purpose of enabling them to acquire, lease, erect, or operate flax mills.”.

4. Regulation 10 of the War Precautions (Flax) Regulations is amended—

(a) by inserting in sub-regulation (1), after the word “flax” (first occurring), the words “grown during the year 1918 and”; and

(b) by inserting in sub-regulation (2), after the word “flax” (first occurring), the words “grown during the year 1918 and”.

5. After regulation 10 of the War Precautions (Flax) Regulations the following regulation is inserted:—

Price of flax grown in 1919.

“10a. (1) The price to be paid to the grower by the Committee for standard quality flax grown during the year 1919 and purchased in pursuance of these Regulations shall be £6 per ton.

“(2) In this regulation ‘standard quality flax’ means unthreshed flax appraised by the Committee as of average quality, the average length of which when cut or pulled is thirty inches, and which is well seeded, free from disease, noxious or other weeds or foreign matter, properly harvested and properly tied in sheaves, and delivered in good order and condition to the Committee or to such person as the Committee directs at such place as the Committee specifies.

“(3) The price to be paid for flax which is above or below standard quality shall be determined by the Committee on the basis of the price fixed by this regulation for standard quality flax.

“(4) The amounts realized on the sale of the products from flax grown during the year 1919 and purchased under these Regulations shall, subject to deductions to meet—

(a) the prices paid under sub-regulation (1) of this regulation:

(b) the cost incurred by the Committee in treating the flax; and

(c) the expenses of the Committee in developing and controlling the industry,

be distributed to the growers of the flax proportionately to the value of the crop delivered by each grower to the Committee, or in such other manner as the Minister, upon the recommendation of the Committee, determines:

Provided that nothing in this regulation shall be deemed to authorize the reduction of the price of flax of standard quality below £6 per ton.”

6. After regulation 11 of the War Precautions (Flax) Regulations following regulation is inserted:—

Committee may authorize persons to exercise powers

“11a. For the purpose of these Regulations the Committee may, subject to the approval of the Minister, authorize any person to exercise any of the powers or functions conferred on the Committee under these Regulations.”.

7. Regulations 12 and 13 of the War Precautions (Flax) Regulations are repealed.

8. Regulations 14 and 15 of the War Precautions (Flax) Regulations are repealed and the following regulations are inserted in their stead:—.

Power to ask questions and inspect books.

“14. For the purposes of these Regulations the Committee shall have power to—

(a) ask questions and require the production of books or documents in relation to the purchase, sale, disposal, origin, treatment or manufacture of any flax or any product thereof; and

(b) enter at any reasonable hour in the day-time upon any premises or place in which there is, or is believed by the Committee to be, any flax or any product thereof.

Failure to answer questions, &c.

“15. Any person who refuses or fails to comply with any requisition or requirement made, or to answer questions asked, in pursuance of these Regulations, or who resists, obstructs or in any way interferes with any person, authorized by the Committee to exercise the powers and functions of the Committee, in the exercise of any power or function conferred upon him in pursuance of these Regulations shall be guilty of an offence.”.

 

Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.

Overview

The War Precautions (Flax) Regulations 1919 were introduced by the Governor-General in Council under the War Precautions Act 1914–1918 to address the need for comprehensive regulation of flax production and trade during the post-World War I period. These regulations sought to provide a structured approach to flax appraisal, testing, and trade, as well as to support the flax industry through financial assistance to milling companies. The enacting body was the Governor-General in Council, with the policy objective being to ensure efficient and fair management of flax resources while supporting the growth and stability of the industry.

Scope and Application

The Regulations under the War Precautions Act 1914–1918, as made by the Governor-General and effective immediately, specifically target the management and regulation of flax crops grown in Australia during the years 1918 and 1919. These regulations apply to all entities involved in the flax industry, including growers, milling companies, and the Committee appointed to oversee the flax industry. The geographic scope of these regulations is national, as they pertain to the entire Commonwealth of Australia. The regulations govern the appraisal of flax crops, the conduct of tests to determine the productivity and disease resistance of flax seed and flax products, and the process for purchasing and delivering flax to the Committee or designated persons. Furthermore, they authorise the Committee to advance financial assistance to flax milling companies and to determine the price for flax based on its quality. The regulations also empower the Committee to delegate certain functions and to inspect premises and documents related to flax. Any failure to comply with these regulations or to cooperate with the Committee may result in an offence.

Key Provisions

The operative sections of these regulations primarily amend and update the War Precautions (Flax) Regulations 1918. Regulation 6 is modified to specify new purposes for flax crop appraisal, including the valuation of flax crops grown in 1918 and 1919, and tests to ascertain the productiveness and disease resistance of flax seed and flax manufacturing processes (Regulation 1(a)-(d)). Regulation 7 is amended to change the reference from "Victorian-grown" to "Australian-grown" flax seed for sowing purposes (Regulation 2(a)). Additionally, new regulations are introduced to require flax grown in 1919 to be delivered unthreshed to the Committee (Regulation 8a) and to allow the Committee to purchase flax on behalf of the Commonwealth Government (Regulation 8a). Flax must be stacked pending delivery to the Committee, with potential financial assistance for stacking costs (Regulation 8b). The Committee is authorised to financially assist flax milling companies (Regulation 8c). The price for standard quality flax grown in 1919 is set at £6 per ton, with provisions for the distribution of proceeds from flax sales (Regulation 10a). The Committee is also granted the authority to delegate its powers to authorised persons (Regulation 11a). Some regulations are repealed, and new provisions are introduced regarding the Committee's power to ask questions, inspect books, and enter premises (Regulations 14 and 15). The obligations imposed by these regulations are multifaceted and apply to various stakeholders in the flax industry. Growers are required to deliver unthreshed flax to the Committee or designated persons as specified (Regulation 8a). They must also stack and cover flax pending delivery, with potential financial assistance from the Committee for these costs (Regulation 8b). The Committee has the responsibility to purchase flax on behalf of the Commonwealth Government, conduct appraisals and tests for flax quality and productivity, and distribute proceeds from flax sales (Regulations 8a, 10a). Flax milling companies may be eligible for financial assistance from the Committee, subject to Minister's approval (Regulation 8c). The Committee is authorised to delegate its powers to other persons (Regulation 11a). All parties must comply with the Committee's requests for information and inspections (Regulations 14 and 15). Failure to comply with the requisitions or requirements under these regulations, including refusal to answer questions or obstruct authorised personnel, is considered an offence (Regulation 15). The document does not specify the exact penalties for these offences, but under general principles of Australian law, penalties for such offences could include fines and, in severe cases, imprisonment. The precise penalties would depend on the specific nature and severity of the offence, as well as any applicable judicial discretion.

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