War Precautions (Flax) Regulations 1918

Legislation au C1918L00080 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1918. No. 80.

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REGULATIONS UNDER THE WAR PRECAUTIONS ACT 1914-1916.

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 1914-1916 to come into operation forthwith.

Dated this 26th day of March, 1918.

R. M. FERGUSON,

Governor-General.

By His Excellency’s Command,

G. F. PEARCE,

Minister of State for Defence.

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War Precautions (Flax) Regulations.

Short title.

1. These Regulations may be cited as the War Precautions (Flax) Regulations 1918.

Commonwealth flax industry committee.

2. (1) For the purpose of developing and controlling the flax industry the Prime Minister may appoint a Commonwealth Flax Industry Committee (in these Regulations referred to as “the Committee”).

(2) The Committee shall consist of one representative to be nominated by the Commonwealth Advisory Council of Science and Industry, one representative of the flax-growers, and one agricultural expert.

(3) The nomination of any member of the Committee shall be subject to the approval of the Prime Minister.

(4) The representative of the Commonwealth Advisory Council of Science and Industry shall be the chairman of the Committee.

Quorum.

3. Two members of the Committee shall be sufficient to form a quorum of the Committee.

Chairman to have casting vote.

4. At meetings of the Committee the Chairman shall have a deliberative vote, and also, in the event of an equality of votes, a casting vote.

Executive officers of the committee.

5. All appointments of executive officers of the Committee shall be subject to the approval of the Prime Minister.

Powers and functions of the committee.

6. In addition to the powers elsewhere in these Regulations conferred on the Committee, the powers and functions of the Committee shall be—

(a) to collect particulars of stocks of flax seed in Australia;

(b) to determine the price at which flax seed may be sold, and to acquire such seed at the price fixed;

(c) to take steps to encourage the extension of the area of land in which flax is cultivated;

(d) to arrange for the sale and distribution of flax seed to farmers;

(e) to appraise the value of green flax grown during the year 1918;

(f) to take such steps as it considers necessary to secure an adequate supply of flax seed for sowing in future seasons;

(g) to inquire into and report to the Prime Minister upon the steps necessary to provide adequate facilities for the treatment of green flax;

(h) to determine the quantity of flax fibre which shall be exported and the quantity which shall be retained for use in the Commonwealth.

C.4493.—Price 3d.

Licences for sale of flax seed.

7. No person, firm or company shall sell or otherwise dispose of Victorian-grown flax seed except in accordance with a licence granted by the Committee.

Green flax to be forwarded to committee.

8. All green flax grown from Victorian or other approved seed during the year 1918, shall, unless the Prime Minister otherwise directs, be forwarded to the Committee or to such persons and to such places as the Committee directs, and the Committee shall, subject to these Regulations, be authorized to purchase such flax on behalf of the Commonwealth Government.

Acquisition of mills.

9. The Committee may, subject to the approval of the Prime Minister, acquire or erect such mills as it deems necessary for the treatment of flax purchased in pursuance of these Regulations.

Price of flax.

10. (1) Subject to this regulation, the price to be paid by the Committee to the grower in respect of flax purchased in pursuance of these Regulations shall be—

(a) in respect of flax of an average length of thirty inches, £5 per ton; and

(b) in respect of flax of a greater or less average length than thirty inches, such amount, fixed pro ratâ upon the price specified in the last preceding paragraph, having regard to the length of the flax, as the Committee determines.

(2) The amounts realized on the sale of the products from green flax 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 dealt with in such manner as the Prime 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 green flax of an average length of thirty inches below £5 per ton.

Returns to be furnished.

11. (1) Any person who has in his possession or under his control a quantity of flax seed in excess of two hundredweights shall, within seven days from the date of the commencement of these Regulations, furnish to the Committee a return showing the description and particulars of the quantity of such flax seed and the place at which it is stored.

(2) Each return shall be accompanied by a statutory declaration as to the accuracy of the information contained therein.

Power to requisition flax seed.

12. (1) The Committee or any person duly authorized in that behalf by the Committee may requisition any flax seed.

(2) The compensation payable to the owner of any flax seed requisitioned in pursuance of this regulation shall, in default of agreement, be assessed upon such basis as the Committee determines.

Delivery of requisitioned flax seed.

13. The Committee, or any person duly authorized in that behalf by the Committee, may, by notice in writing served on the person, firm or company, require any person, firm or company who or which has in his or its possession or under his or its control any flax seed, to permit any other person, firm or company specified in the notice, upon payment or tender of the price specified in the notice, to take delivery of such flax seed at any reasonable hour in the day time.

Offences.

14. Any person who fails to comply with any requisition or requirement made 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 1918, made under the War Precautions Act 1914-1916, were enacted by the Governor-General in Council to address the need for stringent control and development of the flax industry during the First World War. This legislative instrument aimed to ensure an adequate supply of flax, a critical material for manufacturing ropes, canvas, and other war essentials. The regulations empower the Prime Minister to appoint a Commonwealth Flax Industry Committee, responsible for overseeing the collection of flax seed, determining prices, encouraging cultivation, arranging distribution, and managing flax fibre exports. The regulations also include provisions for the acquisition of mills, setting prices, requiring returns from flax seed holders, and the ability to requisition flax seed, with penalties for non-compliance, thereby centralising and controlling the flax industry to support the war effort.

Scope and Application

The War Precautions (Flax) Regulations 1918, enacted under the War Precautions Act 1914-1916, apply to the entire Commonwealth of Australia and pertain specifically to the flax industry. These Regulations empower the Prime Minister to establish a Commonwealth Flax Industry Committee, consisting of representatives from the Commonwealth Advisory Council of Science and Industry, flax growers, and an agricultural expert, to oversee and control the flax industry. The Committee has the authority to collect flax seed stocks, determine selling prices, acquire flax seed, promote cultivation, distribute seeds to farmers, appraise the value of green flax, secure flax seed supply, and manage the export and domestic use of flax fibre. The Regulations also impose licensing requirements for the sale of flax seed, mandate the forwarding of green flax to the Committee, and allow for the acquisition of mills necessary for flax treatment. Additionally, the Committee has the power to requisition flax seed, with compensation determined by the Committee if no agreement is reached, and requires the submission of returns for flax seed holdings exceeding two hundredweights. Failure to comply with any of the Regulations' requirements constitutes an offence.

Key Provisions

The War Precautions (Flax) Regulations 1918, issued under the War Precautions Act 1914-1916, establish a framework for the development and control of the flax industry during wartime (Regulation 1). The primary body governing this industry is the Commonwealth Flax Industry Committee, which the Prime Minister appoints and which consists of three representatives: one from the Commonwealth Advisory Council of Science and Industry, one from the flax-growers, and one agricultural expert (Regulation 2). The Chairman of the Committee is the representative of the Commonwealth Advisory Council of Science and Industry (Regulation 2(4)). A quorum is formed by any two members of the Committee (Regulation 3), and the Chairman has a casting vote in case of a tie (Regulation 4). All executive officers appointed by the Committee require the Prime Minister's approval (Regulation 5). The Committee's functions include collecting details of flax seed stocks, determining and acquiring flax seed prices, encouraging the cultivation of flax, arranging for the sale and distribution of flax seed, appraising the value of green flax, securing an adequate supply of flax seed for future sowing, and reporting on necessary facilities for the treatment of green flax (Regulation 6). These Regulations impose several obligations on parties involved in the flax industry. Flax seed can only be sold under a licence granted by the Committee (Regulation 7), and green flax grown during the year 1918 must be forwarded to the Committee or to such persons and places as the Committee directs (Regulation 8). The Committee can acquire or erect mills for the treatment of flax, subject to the Prime Minister's approval (Regulation 9). The price to be paid for flax is set at £5 per ton for flax of an average length of thirty inches, with adjustments for flax of different lengths (Regulation 10). Persons with more than 200 weights of flax seed must submit a return to the Committee, accompanied by a statutory declaration (Regulation 11). The Committee or its authorised agents can requisition flax seed, with compensation determined by the Committee in the absence of agreement (Regulation 12). Additionally, the Committee can require the delivery of requisitioned flax seed to specified parties (Regulation 13). Failure to comply with any requisition or requirement under these Regulations is an offence (Regulation 14). Although specific penalties are not detailed in the Regulations, breaches could result in legal consequences, as per the general provisions of the War Precautions Act 1914-1916. These could include fines or imprisonment, depending on the severity and nature of the breach. The exact penalties would be determined in accordance with the broader legal framework provided by the Act.

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