Wheat Acquisition Regulations (Amendment)

Legislation au C1939L00155 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1939. No. 155.

 

REGULATIONS RELATING TO THE ACQUISITION OF WHEAT.*

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-second day of November, 1939.

Governor-General.

By His Excellency’s Command,

for Minister of State for Defence Coordination

 

Amendments to Wheat Acquisition Regulations

Definitions.

1. Regulation 2 of the Wheat Acquisition Regulations is amended by omitting from the definition of “licensed agent” the word agent” and inserting in its stead the word “receiver”.

Australian Wheat Board.

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

(a) by omitting from paragraph (d) of sub-regulation (2.) the word “and”; and

(b) by inserting in sub-regulation (2.), after the word “authorities”, the following paragraph:—

“; and

(f) one person representing the flour millers of Australia,”

Fees and expenses.

3. Regulation 13 of the Wheat Acquisition Regulations is amended by omitting from sub-regulation (2.) the word “agent” and inserting in its stead the word “receiver”.

Delivery of wheat.

4. Regulation 16 of the Wheat Acquisition Regulations is amended—

(a) by omitting the word “agent” (wherever occurring) and inserting in its stead the word “receiver”; and

(b) by adding at the end thereof the following sub-regulations:—

“(2.) Notwithstanding anything contained in sub-regulation (1.) of this Regulation, no person shall, on or after the date of the commencement of this sub-regulation,

 

* Notified in the Commonwealth Gazette on  , 1939

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

6754. 20/21.11.1939.—Price 3d.

deliver any wheat acquired by the Commonwealth which was harvested prior to the first day of September, One thousand nine hundred and thirty-nine, and which is stored on a farm on the date of the commencement of this sub-regulation, to a licensed receiver or to any other person whomsoever except in accordance with instructions from the Board or with the approval of the Board and in either case in accordance with such terms and conditions as the Board may impose.

(3.) Any person who, on the date of the commencement of this sub-regulation, has in his possession, control or disposal any wheat acquired by the Commonwealth which is stored on a farm and which was harvested prior to the first day of September, One thousand nine hundred and thirty-nine, shall, within fourteen days from the commencement of this sub-regulation, forward to the Board a return in accordance with Form AA in the Schedule to these Regulations,”.

Licensed receiver to hold wheat.

5. Regulation 18 of the Wheat Acquisition Regulations is amended by omitting the word “agent” and inserting in its stead the word “receiver”.

Compensation.

6. Regulation 19 of the “Wheat Acquisition Regulations is amended by inserting after the word “Regulations” (first occurring) the words “(or, in the case of wheat acquired by the Commonwealth to which sub-regulation (2.) of regulation 16 of these Regulations applies, after the date of the commencement of that sub-regulation)”.

Powers of Board.

7. Regulation 26 of the Wheat Acquisition Regulations is amended—

(a) by omitting from paragraph (a) the words “or wheat products” and inserting in their stead the words “, wheat products or corn sacks”; and

(b) by omitting from paragraph (b) the words “or wheat products” and inserting in their stead the words “, wheat products or corn sacks”.

Schedule.

8. The Schedule to the Wheat Acquisition Regulations is amended—

(a) by inserting after Form A the following new Form:—

Form AA.

Regulation 16 (3).

Wheat Acquisition Regulations.

RETURN SHOWING PARTICULARS OF WHEAT HARVESTED PRIOR TO THE 1st SEPTEMBER, 1939, WHICH HAS BEEN ACQUIRED BY THE COMMONWEALTH AND WHICH WAS HELD BY A FARMER ON HIS FARM ON

Name of person submitting return .

Postal address .

State of .

Quantity of acquired wheat held which was harvested prior to 1st September,

1939, bushels.

Where stored

Usual siding to which wheat is delivered

I, , declare that to the best of my knowledge and belief, the information given in this return is true and correct in every particular.

Date. Signature.

(To be furnished to the Superintendent, Australian Wheat Board in the Capital City of the State in which the return is submitted.)”;

(b) by inserting in Form B, after the item commencing with the words “Quality of wheat”, the item “Month in which the wheat was harvested              ”;

(c) by omitting from Form B the word “agent” and inserting in its stead the word “receiver”; and

(d) by omitting from Form B the word “Agent’s” and inserting in its stead the word “Receiver’s”.

 

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

Overview

The Wheat Acquisition Regulations 1939 were enacted by the Governor-General in Council, pursuant to the National Security Act 1939, in response to the urgent need to regulate the acquisition of wheat for national security purposes during World War II. This legislative instrument aims to facilitate the effective and orderly acquisition of wheat by the Commonwealth, ensuring that wheat is managed and distributed efficiently to meet the demands of the war effort. The policy objective of these regulations is to provide a structured framework for the acquisition, storage, and delivery of wheat, thereby supporting the national security interests of Australia. The regulations include amendments to various provisions, such as the definition of "licensed agent," the role of the Australian Wheat Board, and the responsibilities of receivers in handling wheat acquired by the Commonwealth. They also address fees, expenses, and the delivery of wheat, including specific provisions for wheat harvested before September 1, 1939. These amendments aim to streamline the process of wheat acquisition and ensure that all stakeholders comply with the regulations set forth by the Board.

Scope and Application

The Wheat Acquisition Regulations, as amended by Statutory Rules 1939 No. 155, govern the acquisition of wheat by the Commonwealth of Australia, extending across all states and territories within the nation. These regulations apply to the Australian Wheat Board and licensed receivers, establishing protocols for the handling, delivery, and compensation of wheat acquired by the Commonwealth. The amendments focus primarily on replacing references to "agents" with "receivers" throughout the regulations, underscoring the role of receivers in the acquisition process. Additionally, the regulations impose stringent controls on the delivery of wheat harvested before September 1, 1939, requiring that such wheat can only be delivered in accordance with specific instructions or approval from the Australian Wheat Board, with conditions set by the Board. Furthermore, the regulations mandate that any individual possessing wheat under these conditions must submit a detailed return to the Board within fourteen days of the regulation's commencement, ensuring transparency and compliance in the wheat acquisition process.

Key Provisions

The Wheat Acquisition Regulations (C1939L00155) introduce significant changes to the existing framework governing the acquisition of wheat, particularly focusing on the roles and responsibilities of licensed receivers, the Australian Wheat Board's powers, and the process for reporting wheat stored on farms prior to specific dates. Regulation 2, which previously defined "licensed agent," is now amended to define "licensed receiver" instead. Regulation 3 sees an amendment to include a representative from Australian flour millers on the Australian Wheat Board. Regulation 13 and 18 replace the term "agent" with "receiver," while Regulation 16 imposes strict conditions on the delivery of wheat harvested before 1 September 1939, requiring approval from the Board. Regulation 19 clarifies the compensation provisions for wheat acquired under the new terms specified in Regulation 16(3). Regulation 26 extends the Board's powers to include corn sacks, alongside wheat and wheat products. These amendments place several obligations on the parties involved. Licensed receivers must now adhere to the new definitions and requirements set out in the Regulations. The Australian Wheat Board, with its expanded membership, is tasked with overseeing the acquisition process and approving the delivery of wheat under specific conditions. Farmers and other entities possessing wheat acquired by the Commonwealth before the specified date must submit a detailed return to the Board within fourteen days of the Regulations' commencement. The Board's expanded powers allow it to manage and regulate the acquisition of wheat, wheat products, and corn sacks more effectively. Breaches of these Regulations may result in civil or criminal penalties. While the specific penalties are not detailed in the text, the Regulations' enforcement underscores the seriousness of compliance. Unauthorized delivery of wheat, failure to submit required returns, and non-compliance with Board-imposed terms and conditions could lead to legal consequences. The penalties for such breaches could include fines or other sanctions as determined by the applicable laws, reflecting the regulatory intent to ensure orderly and lawful wheat acquisition processes.

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National Security Law
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.