Wheat Acquisition Regulations (Amendment)

Legislation au C1940L00132 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1940. No. 132.

––––––

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 1939-1940, and all other powers me thereunto enabling, hereby make the following Regulations.

Dated this tenth

day of July          , 1940.

Governor-General.

By His Excellency’s Command,

For and on behalf of the Minister of State for Defence Co-ordination.

 

Amendment of the Wheat Acquisition Regulations.†

Delivery of wheat.

1. Regulation 16 of the Wheat Acquisition Regulations is amended by inserting after sub-regulation (1.) the following sub-regulation:—

“(1a.) Any delivery or consignment of wheat in pursuance of sub-regulation (1.) of this regulation shall be made in the name of the person in whose possession, control or disposal the wheat is at the time of the delivery or consignment.”.

Compensation.

2. Regulation 19 of the Wheat Acquisition Regulations is amended by inserting after sub-regulation (2.) the following sub-regulations:—

“(2a.) The basis of the compensation to be recommended by the Board shall be the rate or rates per bushel arrived at by reference to the surplus proceeds from the disposal of wheat, but from the compensation determined by the Minister the Board may make deductions on account of any or all of the following:—

(a) the price or value of corn sacks (including freight thereon) supplied to the wheat grower or which, in the opinion of the Board, form a proper charge against the proceeds of the wheat;

(b) railway freight from the country siding to the terminal port; and

(c) dockages or deductions as fixed by the Board on account of the quality or condition of the wheat or corn sacks.

 

* Notified in the Commonwealth Gazette on      , 1940.

† Statutory Rules 1939, No. 96, as amended by Statutory Rules 1939, Nos. 120, 155 and 180; and 1940, No. 10.

3724.―15/26.6.1940.—Price 3d.


“(2b.) If the Board is satisfied that, because of the special quality of any particular parcel or parcels of wheat, an addition should be made to the relevant rate as determined by the Minister for f.a.q. wheat, the Board may, subject to any direction of the Minister, add such amount by way of premium as it thinks fit.”.

3. After regulation 20 of the Wheat Acquisition Regulations the following regulations are inserted:—

Wheat Acquisition (Contracts Review) Tribunal.

“20a.—(1.) There shall be a Wheat Acquisition (Contracts Review) Tribunal which shall be constituted by such Justice of the High Court or Judge of any Federal or State court as the Governor-General appoints.

(2.) The Justice or Judge appointed to constitute the Tribunal shall be paid in respect of travelling and other expenses at such rates as the Governor-General directs.

(3.) The Attorney-General may appoint such officers to assist the Tribunal as he thinks fit and any officer so appointed shall have and may exercise such powers and functions as the Tribunal directs.

(4.) If any officer appointed to assist the Tribunal is not an officer of the Public Service of the Commonwealth he shall be paid such remuneration as the Governor-General directs.

Inquiry into cases of alleged hardship.

“20b.—(1.) Where any person alleges that he has suffered undue hardship as the result of the cancellation by these Regulations of any contract, he may, within forty-two days of that cancellation or of the commencement of this regulation (whichever is the later date), submit his case in writing to the Minister or to such person as is authorized in that behalf by the Minister.

(2.) The Minister or person authorized may, if he thinks fit, refer the case to the Wheat Acquisition (Contracts Review) Tribunal for inquiry.

(3.) The Tribunal shall inquire into all such cases so referred to it and shall report to the Minister—

(a) whether the applicant has suffered undue hardship as the result of the cancellation of the contract;

(b) the extent to which that hardship is due to the cancellation of the contract;

(c) what amount, if any, would compensate the applicant for the hardship suffered as a result of that cancellation; and

(d) whether any other party to the contract (or another person who is a party to a further contract with that other party or with the applicant) has derived a benefit which he would not have derived if the contract had not been cancelled and whether it is just that that other party or person should retain that benefit.

(4.) Where it is alleged that any other party to the contract (or another person who is a party to a further contract with that other party or with the applicant) has derived an advantage which he would not have derived if the contract had not been cancelled, the Tribunal shall not proceed with any inquiry unless that other party or person has been given an opportunity to be heard by the Tribunal.


(5.) The Tribunal shall, for the purpose of any inquiry under these Regulations, have all such powers, rights and privileges as are vested in the High Court, or in any Justice thereof, on the occasion of any trial, in respect of the following matters:—

(a) the attendance of witnesses and examining them on oath, affirmation or declaration;

(b) the production of books, documents and writing; and

(c) the prosecution of witnesses for perjury.”.

(6.) The Justice or Judge constituting the Tribunal shall, in the exercise of his duties under these Regulations, have the same protection and immunity as a Justice of the High Court.

 

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

Overview

The Statutory Rules of 1940, No. 132, under the National Security Act 1939, were enacted to address the urgent need for regulations concerning wheat acquisition during the Second World War. These regulations were introduced in response to the national security concerns surrounding the supply of essential food resources, ensuring that wheat could be efficiently and fairly acquired for the war effort. The Minister of State for Defence Co-ordination, with the authority of the Governor-General and the Federal Executive Council, made these regulations to amend the Wheat Acquisition Regulations. The policy objective of these amendments was to streamline the delivery and compensation processes for wheat, and to establish a Wheat Acquisition (Contracts Review) Tribunal to handle cases of alleged hardship resulting from contract cancellations, ensuring fairness and due process in the wheat acquisition process.

Scope and Application

The Statutory Rules 1940 No. 132, made under the National Security Act 1939-1940, focus on amendments to the Wheat Acquisition Regulations, particularly concerning the delivery of wheat and compensation for wheat growers. These regulations apply to all entities and individuals involved in the delivery and acquisition of wheat within the Commonwealth of Australia. The amendments mandate that all deliveries of wheat must be made in the name of the person in possession or control of the wheat at the time of delivery, ensuring traceability and accountability. Additionally, the regulations detail the basis for compensation, allowing for deductions based on various factors such as the cost of corn sacks and freight, while also permitting premiums for wheat of exceptional quality. The Wheat Acquisition (Contracts Review) Tribunal, established under these regulations, is tasked with reviewing cases of alleged hardship resulting from contract cancellations, providing a formal mechanism for review and potential compensation. The geographic reach of these regulations is national, affecting all wheat transactions across Australia, with the tribunal having the authority to inquire into and make recommendations on hardship cases related to wheat contracts.

Key Provisions

The main operative sections of these Regulations (Statutory Rules 1940, No. 132) under the National Security Act 1939 amend the Wheat Acquisition Regulations (Statutory Rules 1939, No. 96) to introduce new provisions regarding wheat delivery and compensation, as well as establish a Wheat Acquisition (Contracts Review) Tribunal to handle cases of alleged hardship from contract cancellations (regs 1, 2, 20a, 20b). Regulation 16(1a) requires that any delivery or consignment of wheat be made in the name of the person who possesses, controls, or has disposal of the wheat at the time of delivery. Regulation 2(2a) mandates that the basis of compensation recommended by the Board is to be determined by reference to the surplus proceeds from wheat disposal, but deductions can be made for certain charges such as the price of corn sacks, railway freight, and dockages or deductions based on wheat or sack quality. Regulation 2(2b) allows for an addition to the compensation rate if the Board deems a particular parcel of wheat to have special quality. Regulations 20a and 20b establish a Wheat Acquisition (Contracts Review) Tribunal, which is to be constituted by a Justice of the High Court or a Judge of any federal or state court appointed by the Governor-General, to inquire into cases where a person alleges undue hardship due to contract cancellation. The Tribunal must report on whether the applicant suffered hardship, the extent of that hardship, and the amount of compensation, if any, that would be appropriate. These Regulations impose specific obligations on wheat growers, the Wheat Board, and the Wheat Acquisition (Contracts Review) Tribunal. Wheat growers must deliver or consign wheat in the name of the person who possesses, controls, or has disposal of the wheat at the time of delivery (reg 16(1a)). The Wheat Board is required to base compensation recommendations on the surplus proceeds from wheat disposal but may make deductions for certain charges such as corn sack costs, freight, and quality-related deductions (reg 2(2a), (2b)). The Wheat Acquisition (Contracts Review) Tribunal must inquire into cases of alleged hardship due to contract cancellation, assess the extent of any hardship, determine appropriate compensation, and consider whether any other party has derived an unjust benefit (reg 20b(3)). The Tribunal also has the power to summon witnesses, examine them under oath, and compel the production of documents (reg 20b(5)). Breach of these Regulations can result in civil or criminal consequences. For instance, failure to comply with the requirements for wheat delivery and compensation may lead to disputes over the validity of contracts and compensation claims, which the Wheat Acquisition (Contracts Review) Tribunal will handle. While the Regulations do not explicitly state penalties for breach, any actions that result in legal disputes or the misuse of Tribunal powers could lead to civil liabilities or, in severe cases, criminal charges. The maximum penalties for any potential criminal offences would be determined by the relevant laws under which the breaches are prosecuted.

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