War Precautions (Sheepskins) Regulations 1916 (Amendment)

Legislation au C1918L00138 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1918. No. 138.

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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 twenty-second day of May, 1918.

R. M. FERGUSON,

Governor-General.

By His Excellency’s Command,

W. A. WATT,

for Minister of State for Defence.

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Amendment of the War Precautions (Sheepskins) Regulations.

(Statutory Rules 1916, No. 321, as amended by Statutory Rules 1917, Nos. 42, 53, 72,.78, and 145, and Statutory Rules 1918, No. 58.)

1. After regulation 7a of the War Precautions (Sheepskins) Regulations, the following regulation is inserted:—

Prime Minister may require sheepskins to be made available for appraisement.

7b. (1) The Prime Minister may, upon the recommendation of the Central Committee, by notice in the Gazette, require any person, firm or company holding or having under his or its control stocks of sheepskins which have not been appraised under these Regulations, to make available, within the time specified in the notice, these stocks of sheepskins for appraisement.

(2) Any person, firm, or company who or which refuses or fails to make available within the time specified in the notice the whole or any part of such stocks of sheepskins for appraisement, shall be guilty of an offence.

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

Agreements to conditions of allotment &c.

11a. (1) Subject to the approval of the Central Committee, the methods and conditions to be observed in the allotment of sheepskins for appraisement and in the weighing, sampling, displaying, and countermarking of sheepskins so allotted and in all other matters appertaining thereto, shall be such methods and conditions as are agreed to by not less than 75 per centum of the companies or firms registered by the Central Committee as appraisement companies or firms and representing not less than 75 per centum of the sheepskin production of the Commonwealth.

(2) A certificate under the hand of the Chairman of the Central Committee that the methods and conditions specified in the certificate are the methods and conditions relating to the allotment of sheepskins for appraisement and to the weighing, sampling, displaying and countermarking of sheepskins so allotted and to all other matters appertaining to sheepskins so allotted which have been agreed to by not less than 75 per centum of the companies or firms registered by the Central Committee as appraisement companies or firms and representing not less than 75 per centum of the sheepskin production of the Commonwealth and have received the approval of the Central Committee, shall be primâ facie evidence of the contents thereof.

(3) Any company or firm registered by the Central Committee as an appraisement company or firm which upon receipt of a certificate in accordance with the last preceding sub-regulation, refuses or fails to observe the methods and conditions specified therein shall be guilty of an offence.

3. Regulation 13 of the War Precautions (Sheepskins) Regulations is amended by inserting after the words “Commonwealth Government”, the words “, other than appraisers who are appointed at a salary by the Central Committee,”.

4. Regulation 19b of the War Precautions (Sheepskins) Regulations is amended by omitting the words “agreement with any person for the lease of premises to be used for any purposes in connexion with the carrying out of these Regulations” and inserting in their stead the words “agreement with any person for any purpose connected with or incidental to the carrying out of these Regulations.”

 

 

 

 

 

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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 (Sheepskins) Regulations, 1918, were enacted under the War Precautions Act 1914-1916 by the Governor-General in Council, reflecting the need for stringent wartime controls over essential resources, including sheepskins. This legislative instrument aimed to address the logistical and administrative challenges associated with the appraisal and allotment of sheepskins during the First World War. The policy objective was to ensure a systematic and equitable distribution of sheepskins, a critical material for both military and civilian use, by requiring appraisal and establishing conditions for allotment, thereby preventing hoarding and ensuring fair access. These regulations empowered the Prime Minister to mandate the availability of unappraised sheepskins for appraisal and outlined the conditions for allotment, weighing, sampling, displaying, and countermarking of sheepskins, with the approval of the Central Committee. The regulations also provided for penalties for non-compliance, thus reinforcing the enforcement of these wartime measures.

Scope and Application

The Statutory Rules 1918, No. 138, issued under the War Precautions Act 1914-1916, apply to any person, firm, or company holding stocks of sheepskins within the Commonwealth of Australia, with specific reference to the management and appraisal of these stocks. The regulations extend to the Prime Minister and the Central Committee, who have the authority to issue notices and approve methods and conditions related to the appraisal and allotment of sheepskins. The regulations also apply to appraisers, who must adhere to the agreed-upon methods and conditions, failing which they may be guilty of an offence. The scope of these regulations is national, as they pertain to the entire Commonwealth of Australia. There are no stated exclusions or exemptions within the text, implying that all entities involved in sheepskin production and appraisal are subject to these regulations. The application of these regulations may be further detailed or modified through subordinate instruments as necessary.

Key Provisions

The key operative sections of these regulations amend the War Precautions (Sheepskins) Regulations under the War Precautions Act 1914-1916. Section 1 introduces a new regulation, 7b, which allows the Prime Minister, based on a recommendation from the Central Committee, to require the appraisement of stocks of sheepskins that have not yet been appraised. This requirement must be made through a notice in the Gazette, and those who fail to comply with the time specified in the notice will be guilty of an offence (section 1(2)). Section 2 introduces another regulation, 11a, which requires that the methods and conditions for the allotment, weighing, sampling, displaying, and countermarking of sheepskins must be agreed upon by at least 75% of the companies or firms registered by the Central Committee, representing 75% of the sheepskin production of the Commonwealth. A certificate from the Chairman of the Central Committee will serve as prima facie evidence of these agreed-upon methods and conditions, and failure to comply with these conditions will be considered an offence (section 2(3)). Additionally, Section 3 modifies Regulation 13 to exclude appraisers appointed at a salary by the Central Committee from the definition of Commonwealth Government employees, while Section 4 amends Regulation 19b to broaden the scope of agreements that can be made with any person for purposes connected with or incidental to the carrying out of these Regulations. These regulations impose several obligations and requirements on the parties and entities they govern. Primarily, they require companies or firms holding stocks of unappraised sheepskins to make them available for appraisement upon the Prime Minister's requirement, as per Regulation 7b. Furthermore, these regulations mandate that the methods and conditions for the allotment and handling of sheepskins must be agreed upon by at least 75% of the registered companies or firms representing 75% of the sheepskin production, as outlined in Regulation 11a. Companies or firms that fail to observe these agreed-upon methods and conditions, as evidenced by the Central Committee's certificate, will be guilty of an offence. Additionally, the regulations modify the definitions and scope of agreements that can be made for purposes related to the execution of these Regulations, as seen in Sections 3 and 4. The breach of any of these provisions can result in civil or criminal consequences. Specifically, Regulation 7b states that failure to make available stocks of sheepskins for appraisement within the time specified in the notice will be considered an offence. Similarly, Regulation 11a states that any company or firm that refuses or fails to observe the methods and conditions specified in the certificate from the Chairman of the Central Committee will also be guilty of an offence. However, the specific penalties for these offences are not mentioned within the text of the regulations, and it would be necessary to consult other relevant legislation or authorities to determine the exact penalties for breaching these provisions.

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