STATUTORY RULES.
1918. No. 48.
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 fourteenth day of February, 1918.
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
G. F. PEARCE,
Minister of State for Defence.
War Precautions (Tallow) Regulations 1918.
Short title.
1. These Regulations may be cited as the War Precautions (Tallow) Regulations 1918.
Power to requisition tallow.
2. The Minister of Defence, or an officer thereto authorized, in writing under the hand of the Minister, may by order require—
(a) the owner or occupier of any factory or works in which tallow is produced; or
(b) any person, firm or company who or which holds stocks of tallow,
to produce and to place at the disposal of the Minister such quantities and qualities of tallow as are specified in the order.
Compensation payable.
3. (1) The compensation payable in respect of any tallow so required shall not exceed £45 per ton.
(2.) In default of agreement as to price, the price to be paid for tallow so required shall be determined by the Minister.
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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.
C.2314.—Price 3d.
Overview
The War Precautions (Tallow) Regulations 1918 were enacted under the authority of the War Precautions Act 1914–1916 to address the logistical and resource needs of Australia during the First World War. This legislative instrument, established by the Governor-General in Council, empowers the Minister of Defence or an authorised officer to requisition tallow from various sources, including manufacturers and holders of tallow stocks, ensuring its availability for national defence purposes. Compensation for the requisitioned tallow is stipulated to be up to £45 per ton, with the Minister having the final say on pricing in the event of disagreement. The policy objective behind these regulations is to secure essential resources for the war effort, reflecting the broader wartime measures implemented by the Australian government.
Scope and Application
The War Precautions (Tallow) Regulations 1918 apply to owners, occupiers, and holders of tallow within the Commonwealth of Australia. These Regulations empower the Minister of Defence, or an authorised officer, to requisition tallow from factories, works, or stockholding entities for national purposes. The compensation for the requisitioned tallow is capped at £45 per ton, with the Minister determining the price if an agreement cannot be reached. These Regulations extend across the entire Commonwealth and do not specify any exclusions or exemptions beyond what is outlined. The regulations are subordinate to the War Precautions Act 1914–1916 and can be further extended or modified through additional orders issued under the authority of that Act.
Key Provisions
The War Precautions (Tallow) Regulations 1918 establish the authority and process for requisitioning tallow during wartime under the War Precautions Act 1914–1916. The Minister of Defence, or an authorised officer, has the power to order the production and delivery of specified quantities and qualities of tallow to the Minister, either from the owner or occupier of a factory or works producing tallow, or from any person, firm, or company holding stocks of tallow (Regulation 2). Compensation for the requisitioned tallow is capped at £45 per ton (Regulation 3(1)). If the parties cannot agree on the price, the Minister will determine the payment (Regulation 3(2)).
Under these Regulations, the primary obligation falls on the owners, occupiers, or holders of tallow to produce and deliver the specified quantities of tallow when ordered by the Minister or an authorised officer. This requirement is crucial for ensuring a steady supply of tallow, which may be essential for various wartime needs. Failure to comply with an order to produce and deliver tallow could result in legal consequences.
Breach of these Regulations, specifically non-compliance with the requisition orders, may incur civil or criminal penalties, although the specific penalties are not detailed in the Regulations themselves. However, the overarching War Precautions Act 1914–1916 provides for penalties that could include fines and imprisonment. The exact penalties would depend on the severity of the breach and the discretion of the court or tribunal dealing with the matter.