War Precautions (Sheepskins) Regulations 1916

Legislation au C1916L00321 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1916. No. 321.

______

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 twentieth day of December, 1916.

R. M. FERGUSON,

Governor-General.

By His Excellency’s Command,

W. M. HUGHES,

for Minister of State for Defence.

______

War Precautions (Sheepskins) Regulations.

Short title.

1. These Regulations may be cited as the War Precautions (Sheepskins) Regulations 1916.

Central and State Committees.

2. For the purposes of these Regulations there shall be a Central Committee, in these Regulations referred to as “the Central Committee”, and there shall in each State be a State Committee, in these Regulations referred to as a “State Committee”.

Committees under War Precautions (Wool) Regulations deemed to be appointed under these Regulations.

3. (1) The Central Committee and the State Committees appointed for the purposes of the War Precautions (Wool) Regulations 1916 shall be deemed to have been appointed also for the purposes of these Regulations.

(2). The provisions of Regulations 5 to 9, both inclusive, of the War Precautions (Wool) Regulations shall apply to the Central Committee and each State Committee when acting for the purpose of these Regulations in like manner as they apply to those Committees when acting for the purpose of the War Precautions (Wool) Regulations.

State Committee may appoint sub-committee.

4. Each State Committee may, if it thinks fit, appoint a sub-committee, consisting of so many and such persons as it thinks fit, to make recommendations to it with regard to any matter required by these Regulations to be dealt with by the State Committee.

Regulation of trade in sheepskins.

5. The trade in sheepskins in the Commonwealth shall proceed as under normal conditions subject to the following provisions:—

(a) any owner of sheepskins shall be free to treat such sheepskins green or dry as he thinks fit;

(b) where green sheepskins have been fellmongered the resultant wool shall be subject to appraisement in accordance with the War Precautions (Wool) Regulations;

(c) where dry sheepskins have been taken over or purchased for fellmongering or any other local purpose the resultant wool shall be subject to appraisement in accordance with the War Precautions (Wool) Regulations;

C.16189.—Price 3d.


(d) all other dry sheepskins shall be collected, concentrated at the usual centres, classified, and appraised in accordance with these Regulations; and such appraised prices shall be the value at which they shall be available for fellmongering or any other local purpose;

(e) the parity on which the appraisement of sheepskins shall be made under these Regulations shall be on the basis of the price or standard fixed by the Commonwealth Government on behalf of the Imperial Government for the balance of the Australian clip of greasy wool for the season 1916–1917;

(f) any surplus sheepskins not required for fellmongering or local requirements may be sold; but shall be sold only to or through or with the consent of the Commonwealth Government.

Existing contracts for sale of sheepskins voidable.

6. Existing contracts for the sale of sheepskins shall, after investigation, be voidable upon the recommendation of the Central Committee approved by the Prime Minister.

State Committee to arrange for appraisement of prices.

7. It shall be the duty of each State Committee to arrange for the appraisement of the prices to be paid for each parcel of sheepskins with the lists of limits fixed by the Central Committee.

Appointment of appraisers.

8. The Prime Minister, after a recommendation from the Central Committee, shall appoint appraisers in each State, and such appointments shall be held during the Prime Minister’s pleasure and may be cancelled without notice, and no person shall act as an appraiser until so appointed.

Appraisement.

9. (1) The appraisement of each parcel of sheepskins shall be made by three sworn appraisers, one representing the selling house, on behalf of the sheepskin owner, and two representing the Commonwealth Government.

(2) The appraisers shall appraise each lot of sheepskins submitted and determine its value. Such determination shall be final and without appeal.

Duty of appraisers.

10. The duty of the appraisers representing the Commonwealth Government shall be—

(a) to deal with such parcels of sheepskins as are apportioned to them by the State Committee;

(b) to estimate the value of each such parcel of sheepskins upon the basis prescribed by these Regulations;

(c) to examine the bulk of each parcel and make any adjustment with the sellers if necessary, as provided for by the Rules and Regulations hitherto governing the sale of sheepskins;

(d) to check invoices of the sellers and certify as to their correctness; and

(e) if required—

(i) to re-allot such parcels of sheepskins in such a way that each re-allotted parcel shall comprise sheepskins of similar character and various brands;


(ii) to supervise the removal of sheepskins from the store to the ship;

(iii) to have counter marks placed on all bales comprised in each re-allotted parcel;

(iv) to make bills of lading;

(v) to lodge for signature and obtain the bills when signed;

(vi) to pay wharfage charges;

(vii) to make out invoices of the re-allotted parcels and prepare a statement showing that the total of same plus wharfage paid and their remuneration at the rate hereinafter provided agrees with the total of the seller’s invoice; and

(viii) to lodge all such documents in triplicate with the State Committee, or as directed by the State Committee and to keep a copy for future reference.

Examination of sheepskins.

11. The conditions under which the sheepskins shall be examined shall, subject to these Regulations, be the same as prevailed in each selling centre prior to the twenty-third day of November, 1916.

Declarations of selling broker and appraiser.

12. (1) Each selling broker of sheepskins shall, before selling any sheepskins, sign a declaration in accordance with Form A in the Schedule.

(2) Each sheepskin appraiser shall, before acting under these Regulations, sign a declaration in accordance with Form B in the Schedule.

(3) If any selling broker of sheepskins —

(a) makes, in any declaration signed in pursuance of this regulation, any false statement; or

(b) sells sheepskins before he has signed the declaration prescribed by this regulation; or

(c) sells sheepskins after the Prime Minister has notified him that he is not permitted to sell sheepskins,

he shall be guilty of an offence.

(4) If any sheepskin appraiser—

(a) makes, in any declaration signed in pursuance of this regulation, any false statement; or

(b) acts under these Regulations before he has signed the declaration prescribed by this regulation; or

(c) acts under these Regulations after his appointment has been cancelled,

he shall be guilty of an offence.

Payment of appraisers.

13. For performing the services set forth in Regulations 9 and 10 in respect of sheepskins apportioned to them and all or any other services, including buying brokerage, that they would or should have performed in the ordinary way if they were acting for their ordinary clients, the appraisers representing the Commonwealth Government shall charge and be paid a remuneration the basis of which shall be that the total remuneration calculated upon the amount of each invoice shall not exceed the rate of one per cent. They shall also be repaid the amount paid by them in respect of wharfage and/or cartage if incurred.


Duties of existing selling brokers in each State.

14. The existing selling brokers in each State/ shall, acting under the directions of the State Committee, display sheepskins for sale in the usual way, and after the appraisement of the value of each lot has been made as prescribed shall for a reasonable number of hours give every facility to persons properly authorized to do so to examine any such lots, and shall hand to such authorized person, when so requested, copies of the appraisements made. The selling brokers shall invoice to such authorized persons any lots which they wish to purchase for local manufacture, if available, and shall account for them to the Commonwealth Government.

Broker may be prohibited from selling sheepskins.

15. The Prime Minister may at any time notify a selling broker of sheepskins, in writing, that he is not permitted to sell sheepskins, and the selling broker of sheepskins shall not, after the receipt of such a notification, sell any sheepskins.

Returns to be furnished to Central Committee by appraisers.

16. The appraisers shall furnish to the Central Committee, if and when directed, returns of all appraisements made and reports on other matters appertaining to their duties.

Allotment of space by Central Committee.

17. (1) The Central Committee shall, from time to time, allot to each State on an equality basis space for sheepskins as space becomes available.

(2) Such allotment of freight shall be on the basis of the quantity of sheepskins appraised in each State.

(3) Particulars of such allotment shall, from time to time, be forwarded by the Central Committee to each State Committee.

General policy.

18. The general policy to be observed in the administration of these Regulations shall be equality of treatment.

Appointment of arbitrator.

19. In case of a dispute as to any matter arising under these Regulations the Prime Minister may, if he thinks fit, on the request of the Central Committee, appoint an Arbitrator whose decision shall be final.

Reimbursement of Commonwealth Government.

20. The Commonwealth Government shall be entitled to be reimbursed out of moneys received for all expenses which may be incurred in connexion with the administration of these Regulations.

Alteration or repeal of Regulations.

21. These Regulations are subject to alteration, and any such alteration, or the repeal of the Regulations, shall not be a ground for any claim on the part of any person.


Form A.

The Schedules.

Commonwealth of Australia.

The War Precautions (Sheepskins) Regulations.

Declaration by Selling Broker of Sheepskins under Regulation 12.

I,

of

being a Selling Broker of Sheepskins, do solemnly and sincerely declare as follows:—

1. I was born at (a)    on (b)

2. At the date of my birth I was (c)

3. I am now (d)

And I do solemnly and sincerely promise and declare that I will faithfully, and to the best of my ability, perform the duties imposed on me as Selling Broker of Sheepskins.

Declared at   this  *

day of   , 19

Before me†

* Signature of Selling Broker of Sheepskins.

† Signature of Justice or the Peace or Commissioner for Affidavits or Commissioner for Declarations.

(a) Here insert country of birth. (b) Here insert date of birth. (c) Here insert nationality at date of birth. (d) Here insert present nationality.

––––––––––

Form B.

Commonwealth of Australia.

The War Precautions (Sheepskins) Regulations.

Declaration by Appraiser under Regulation 12.

I,

of

being

an Appraiser appointed under the above-named Regulations, do solemnly and sincerely declare as follows:—

1. I was born at (a)                         on (b)

2. At the date of my birth I was(c)

3. I am now (d)

And I do solemnly and sincerely promise and declare that I will faithfully, and to the best of my ability, perform the duties imposed on me as Appraiser, and that I will not, except in the course of my duty, disclose any information which comes into my possession in the course of the performance of my duties as Appraiser.

Declared at  this

day of,  19

Before me †

*Signature of Appraiser.

† Signature of Justice of the Peace or Commissioner for Affidavits or Commissioner for Declarations.

(a) Here insert country of birth. (b) Here insert date of birth. (c) Here insert nationality at date of birth. (d) Here insert present nationality.

______________________

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

C.16189.––2.

Overview

The War Precautions (Sheepskins) Regulations 1916 were enacted under the authority of the War Precautions Act 1914–1916 to address the need for strict regulation of the trade in sheepskins during wartime, ensuring the efficient allocation and sale of these materials for national defence purposes. The regulations were made by the Governor-General in Council, in accordance with the advice of the Federal Executive Council, to provide a structured framework for the management and distribution of sheepskins, which were critical resources for the production of wool for military use. The policy objective of these regulations was to maintain the integrity of the trade in sheepskins while ensuring that the resultant wool was adequately appraised and utilised for the national war effort.

Scope and Application

The War Precautions (Sheepskins) Regulations 1916 apply throughout the Commonwealth of Australia, regulating the trade in sheepskins during wartime. The Act applies to all persons and entities involved in the trade of sheepskins, including owners, appraisers, and selling brokers. It also extends to the committees appointed for this purpose, with the Central Committee overseeing the administration of the Regulations and State Committees appointed in each State to assist. The Regulations are designed to ensure that the trade in sheepskins is conducted in a manner that aligns with national wartime requirements. The geographic reach of the Act is national, as it applies across the entire Commonwealth. There are no stated exclusions or exemptions within the text, although the Act may be subject to alteration or repeal by the Commonwealth Government without any grounds for claim by affected parties. The Regulations are subject to further detail and refinement through subordinate instruments, which may extend or restrict their application.

Key Provisions

The War Precautions (Sheepskins) Regulations 1916, made under the War Precautions Act 1914–1916, establish the framework for the regulation of the trade in sheepskins during the war. The Regulations require the establishment of a Central Committee and State Committees, which are deemed to be the same as those appointed under the War Precautions (Wool) Regulations 1916 (s 2, s 3). The State Committees may appoint subcommittees to assist with their duties (s 4). The trade in sheepskins is to proceed under normal conditions, subject to specific provisions such as the treatment of sheepskins, the appraisement of resultant wool, and the classification and appraisal of sheepskins (s 5). Existing contracts for the sale of sheepskins may be voidable by the Central Committee, approved by the Prime Minister (s 6). The State Committees are responsible for arranging the appraisement of sheepskin prices, with lists of limits set by the Central Committee (s 7). Appraisers are to be appointed by the Prime Minister on the recommendation of the Central Committee, and they must be sworn in and operate under strict guidelines (s 8, s 9, s 10). Sellers and appraisers must sign declarations before engaging in their activities, and any false statements or unauthorised actions can lead to offences (s 12). Appraisers are to be compensated based on a percentage of the invoice amount and reimbursed for any expenses (s 13). Existing selling brokers must display and appraise sheepskins as directed by the State Committee and account for sales to the Commonwealth Government (s 14). The Prime Minister can prohibit selling brokers from selling sheepskins (s 15). Appraisers are required to provide returns and reports to the Central Committee (s 16). The Central Committee allots space for sheepskins to each State on an equal basis (s 17). The general policy of the Regulations is to ensure equality of treatment (s 18). The Prime Minister can appoint an arbitrator to resolve disputes (s 19). The Commonwealth Government is entitled to reimbursement for expenses incurred in administering the Regulations (s 20). The Regulations can be altered or repealed without grounds for claims (s 21). The Regulations impose specific obligations on the parties involved. The Central and State Committees must establish and operate under the terms of the Regulations, including appointing appraisers and arranging for the appraisement of sheepskin prices (s 2, s 3, s 4, s 7, s 8). Appraisers must be appointed by the Prime Minister and operate within the guidelines set out in the Regulations (s 8, s 9, s 10). Selling brokers and appraisers must sign declarations before engaging in their activities and must adhere to the provisions of the Regulations (s 12). Selling brokers must display and appraise sheepskins as directed and account for sales to the Commonwealth Government (s 14). Appraisers must provide returns and reports to the Central Committee (s 16). The Central Committee is responsible for allotting space for sheepskins on an equal basis to each State (s 17). Breaches of the Regulations can lead to offences and penalties. Selling brokers and appraisers who make false declarations, sell sheepskins without signing the required declaration, or act outside the scope of their appointments can be guilty of offences (s 12). The Prime Minister can prohibit selling brokers from selling sheepskins, and any contravention of this prohibition is an offence (s 15). The specific penalties for these offences are not detailed in the Regulations.

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