Wheat Acquisition Regulations (Amendment)

Overview

The Statutory Rules 1940, No. 208, were enacted under the National Security Act 1939–1940 with the intent to address issues arising from the regulation of wheat acquisition during a period of heightened national security concerns. This legislative instrument was made by the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, under the powers conferred by the Act. The regulation specifically targets the amendment of the Wheat Acquisition Regulations by altering the remuneration for Justices and Judges appointed to constitute a Tribunal for inquiries into cases of alleged hardship. The policy objective behind this regulation is to ensure that judicial officers involved in such inquiries are fairly compensated for their services, thereby maintaining the integrity and effectiveness of the tribunal process.

Scope and Application

The Statutory Rules 1940 No. 208, made under the National Security Act 1939–1940, focus on amending the Wheat Acquisition Regulations to address the remuneration of Justices or Judges appointed to constitute a Tribunal in cases of alleged hardship related to wheat acquisition. This regulation applies to Justices or Judges who are specifically appointed to these Tribunals under the Wheat Acquisition Regulations. The scope of this legislation is limited to the context of wheat acquisition cases and the compensation of judicial officers involved in these proceedings. The regulation applies on a Commonwealth level, reflecting the federal jurisdiction over national security matters. Notably, there are no stated exclusions, exemptions, or thresholds in this particular regulation. However, the regulation does extend the application of the Wheat Acquisition Regulations by modifying the compensation structure for the judicial officers involved, thereby impacting the conduct of these Tribunals and potentially the resolution of cases related to wheat acquisition during the specified period.

Key Provisions

The primary operative section of these regulations pertains to the amendment of Regulation 20a under the Wheat Acquisition Regulations (Reg. 20a(2)). This amendment changes the method of remuneration for Justices or Judges appointed to form a Tribunal. Previously, sub-regulation (2) detailed specific fees and allowances. Now, sub-regulation (2) has been revised to state that the fees and allowances, including travel and other expenses, are to be set by the Governor-General. This shift places the determination of remuneration directly in the hands of the Governor-General, rather than prescribing fixed rates within the regulation itself. The Wheat Acquisition Regulations, as amended by these rules, impose specific obligations on Justices or Judges appointed to constitute a Tribunal. They must accept the fees and allowances as directed by the Governor-General, which includes any specified rates for travelling and other expenses. This requirement ensures that the remuneration for their services is aligned with the directives of the Governor-General, thereby maintaining a level of flexibility in compensation that can be adjusted according to the needs and circumstances determined by the Governor-General. Breach of these amended provisions, particularly in relation to the remuneration of Justices or Judges appointed to a Tribunal, may not be explicitly detailed within the provided text. However, under the overarching authority of the National Security Act 1939–1940, any failure to comply with the regulations could potentially lead to administrative or legal consequences. Although specific offences, penalties, or consequences are not outlined in the excerpt, the Act itself may provide for enforcement actions, including fines or other sanctions, to ensure adherence to the regulations. The maximum penalties would be dictated by the provisions of the primary Act and any relevant subordinate legislation.