Wheat Acquisition Regulations (Amendment)

Legislation au C1939L00180 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1939. No. 180.

 

REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, in pursuance of the powers conferred by the National Security Act 1939 and all other powers me thereunto enabling, hereby make the following regulations.

Dated this twenty-first day of December, 1939.

GOWRIE

Governor-General.

By His Excellency’s Command,

GEORGE McLEAY

for Minister of State for Defence Co-ordination.

———

Amendments of Wheat Acquisition Regulations.

Definitions.

1. Regulation 2 of the Wheat Acquisition Regulations is amended by inserting after the definition of “Licensed receiver” the following definition:—

“storage facilities” means any portion of any silo, building, shed or any other structure whatsoever in which, in the opinion of the Minister, wheat might be stored and includes any plant, equipment or machinery which is in or adjacent to any such silo, building, shed or other structure and which is used, or might conveniently be used, in connexion with the loading, unloading, storage or preservation of wheat;”.

2. After regulation 19 of the Wheat Acquisition Regulations the following regulations are inserted:—

Requisitioning of storage facilities.

“19a.—(I.) For the purpose of storing any wheat which is the property of the Commonwealth, the Minister may, by order served upon any person who is the owner or has the use or control of any storage facilities, require that person to make the storage facilities or any portion thereof available to the Commonwealth for the storage of wheat the property of the Commonwealth.

(2.) Any person on whom an order is served under sub-regulation (1.) of this regulation shall, within such time as is specified in the order, make the storage facilities or portion thereof, as the case may be, available accordingly.

* Notified in the Commonwealth Gazette on 21st December, 1939.

† Statutory Rules 1939, No. 96, as amended by Statutory Rules 1939, Nos. 120 and 155.

7733.—Price 3d.


(3.) The requisitioning of any storage facilities under this regulation shall not relieve any person from the application of the provisions of regulation 24 of these Regulations.

Acquisition of corn sacks.

“19b.—(1.) For the purpose of storing, protecting, handling, transferring or shipping any wheat the property of the Commonwealth, the Minister may, by order served on any person who is the owner or who has the possession, control or disposal of any corn sacks, declare such of those corn sacks as are specified in the order to be acquired by the Commonwealth and the corn sacks so specified shall thereupon become the absolute property of the Commonwealth freed from all mortgages, charges, liens, pledges, interests and trusts, affecting those corn sacks, and the rights and interests of any person in those corn sacks are hereby converted into claims for compensation.

(2.) Any person having in his possession, control or disposal any corn sacks acquired by the Commonwealth shall, within such time and in such manner as is specified in the order acquiring the com sacks, deliver the corn sacks to the Board or to such person as may be specified in the order.”

Compensation in respect of storage facilities or corn sacks.

“19c. There shall he payable by way of compensation to any person who is required to make any storage facilities available to the Commonwealth in pursuance of regulation 19a of these Regulations or who has any right or interest in corn sacks acquired by the Commonwealth in pursuance of regulation 19b of these Regulations, such amount or amounts as is or are agreed upon between that person and the Board or, failing agreement, as is or are determined by the Minister.”.

Contracts for sale of “wheat.

3. Regulation 20 of the Wheat Acquisition Regulations is amended—

(a) by inserting in sub-regulation (1.), after the word “wheat” (first occurring), the words “or corn sacks”;

(b) by inserting in sub-regulation (1.), after the word “wheat” (second occurring), the words “or those corn sacks, as the case may be,”;

(c) by inserting in sub-regulation (2.), after the word “wheat”, the words “or corn sacks”; and

(d) by inserting in sub-regulation (3.), after the word “wheat”, the words “or those corn sacks, as the case may be,”.

Power to enter and search for wheat and corn sacks.

4. Regulation 22 of the Wheat Acquisition Regulations is amended by omitting the words “acquired by the Commonwealth is or is” and inserting in their stead the words “or corn sacks acquired by the Commonwealth is or are or is or are”.

Inspection of stocks, books, &c.

5. Regulation 23 of the Wheat Acquisition Regulations is amended by omitting the words “or flour” (wherever occurring) and inserting in their stead the words “, flour or corn sacks”.

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.

Overview

The Statutory Rules 1939 No. 180, Regulations under the National Security Act 1939, were enacted to address critical national security concerns during a time of heightened global conflict. The Regulations were introduced by the Governor-General in the context of the Second World War to enable the Commonwealth government to effectively manage and control the storage and transportation of wheat, a crucial agricultural commodity. These regulations empower the Minister to requisition storage facilities and corn sacks for the purpose of storing and protecting wheat owned by the Commonwealth, ensuring that essential supplies are available for national and military use. The overarching policy objective is to secure vital resources for the nation's defence and stability during wartime.

Scope and Application

The Regulations Under the National Security Act 1939, specifically targeting the Wheat Acquisition Regulations, apply to any person who owns, uses, or controls storage facilities or corn sacks that are essential for the storage, protection, handling, transfer, or shipping of wheat. These regulations extend to any person in possession, control, or disposal of corn sacks, which, upon acquisition by the Commonwealth, become the absolute property of the Commonwealth. The scope of these regulations is not limited to a specific industry but is broadly applicable to any individual or entity that falls within the specified definitions. Geographically, these regulations apply nationally, as they are promulgated under Commonwealth authority. The regulations do not explicitly state exclusions or exemptions, but it is understood that any requisitioning of storage facilities or corn sacks does not exempt the person from other provisions of the Wheat Acquisition Regulations. The application of these regulations can be further extended or specified through subordinate instruments issued by the Minister, ensuring flexibility in response to national security needs.

Key Provisions

The statutory rules under the National Security Act 1939 introduce several key provisions, primarily concerning the requisitioning of storage facilities and corn sacks for the storage and protection of wheat property of the Commonwealth (Regulation 19a and 19b). Regulation 19a allows the Minister to order a person who owns or controls storage facilities to make them available for storing Commonwealth-owned wheat. The order must specify the time by which the facilities must be made available (Regulation 19a(2)). Regulation 19b gives the Minister the power to declare specific corn sacks to be acquired by the Commonwealth, thereby making them the Commonwealth's property free from any existing charges or interests (Regulation 19b(1)). The owner or person in possession of these corn sacks must deliver them to the Board or another specified person within the timeframe indicated in the order (Regulation 19b(2)). These regulations impose several obligations on the parties involved. Owners or controllers of storage facilities must comply with the requisitioning order and make the specified facilities available for use by the Commonwealth. Similarly, any person in possession of corn sacks that have been declared acquired by the Commonwealth must deliver them as per the order's specifications. Both categories of parties must adhere to the compensation provisions if they are to be paid for the use of their facilities or the acquisition of their corn sacks (Regulation 19c). Breach of these regulations can lead to legal consequences. For instance, failure to comply with the requisitioning order for storage facilities or the delivery of corn sacks as specified in the order may result in enforcement actions. While the regulations do not explicitly detail penalties, non-compliance could potentially lead to enforcement actions or legal proceedings under the broader National Security Act 1939. The maximum penalties for breaches are not specified in these regulations but could be severe under the overarching act.

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