Wheat Acquisition Regulations (Amendment)

Overview

The Statutory Rules of 1939, No. 120, titled "Regulations Relating to the Acquisition of Wheat", was enacted in response to the exigencies of national security during the early stages of World War II. This legislation was introduced by the Australian Government through the Governor-General, exercising powers conferred by the National Security Act 1939. The primary objective of these regulations was to ensure the effective and orderly acquisition of wheat and wheat products to support the war effort, particularly by providing for the compulsory acquisition of wheat stocks. This was achieved by requiring the submission of detailed returns on incomplete wheat sales contracts to the Australian Wheat Board, thereby facilitating the Board’s ability to manage and control wheat distribution as necessary for national security purposes.

Scope and Application

The Wheat Acquisition Regulations, as amended by Statutory Rules 1939 No. 120, pertain to all persons who are parties to any contract relating to the sale of wheat that was entered into prior to certain dates but not completed by delivery before those dates. Specifically, for wheat situated in Western Australia, the relevant date is the 21st of September 1939, while for wheat in New South Wales, Victoria, or South Australia, the relevant date is the 9th of October 1939. These regulations apply on a Commonwealth level and require that a return in accordance with Form C in the Schedule to these Regulations be submitted to the Board by the 30th of October 1939. The regulations also amend the appointment of officers' salaries and allowances and the powers of the Board to include wheat products. Additionally, the Schedule is amended to replace Form C with a new form detailing the information required for the return of uncompleted contracts for sales of wheat.

Key Provisions

The Regulations Relating to the Acquisition of Wheat, issued under the National Security Act 1939, primarily modify existing regulations to adapt to the changing conditions and needs of the wheat market during a period of national emergency. Regulation 21 mandates that all parties to contracts for the sale of wheat that were entered into before certain dates in specified states, but which have not been completed by delivery by those dates, must submit a return to the Board (Regulation 21(a)-(b)). This return must be submitted in accordance with Form C in the Schedule to these Regulations and must be furnished by 30 October 1939. Regulation 9 is amended to specify that the salaries and allowances of officers appointed under this regulation are to be directed by the Minister, except where the total exceeds £500 per year, in which case the Governor-General is to direct the salaries and allowances (Regulation 9(4)). The Regulations impose several obligations on the parties involved. Firstly, any person who is a party to a wheat sale contract that meets the criteria specified must submit a return to the Board (Regulation 21). This return must be completed accurately and in detail, including information such as the name and address of the parties involved, the quantity of wheat involved in the contract, the quantity delivered, the price per bushel, and the conditions of delivery (Form C). Failure to comply with this requirement could have significant legal consequences. Secondly, the salaries and allowances of officers appointed under these Regulations must be determined in accordance with the specified process, with higher amounts requiring direction by the Governor-General (Regulation 9(4)). Breach of the obligations imposed by these Regulations can lead to several consequences. Firstly, failure to submit the required return by the specified date could result in legal penalties, as the Regulations are issued under the National Security Act 1939. This implies that non-compliance could be viewed as a serious matter, potentially leading to criminal charges. The exact nature of these penalties is not detailed within the Regulations themselves but would likely be in line with the provisions of the National Security Act 1939. Secondly, officers appointed under these Regulations must have their salaries and allowances determined according to the specified process. Failure to adhere to this process could lead to administrative consequences, including potential legal action for misallocation of public funds.