WHEAT COMMISSION.
No. 15 of 1935.
An Act to facilitate the proceedings of the Royal Commission appointed to hold an Inquiry respecting certain matters in relation to the economic position of the industries of growing, handling and marketing wheat, manufacturing flour and other commodities from wheat, and manufacturing, distributing and selling bread.
[Assented to 12th April, 1935.]
BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—
Short title.
1. This Act may be cited as the Wheat Commission Act 1935.
Powers, &c., of Commission.
2. The Commission appointed by the Governor-General on the twenty-fifth day of January, One thousand nine hundred and thirty-four, by Letters Patent, in the name of the King, directed to Sir Herbert William Gepp, Knight, Thomas Stanley Cheadle, Esquire, Charles Walter Harper, Esquire, Edward Patrick Michael Sheedy, Esquire, and Professor Samuel MacMahon Wadham, to inquire into and report upon the economic position of the industries of growing, handling and marketing wheat, manufacturing flour and other commodities from wheat, and manufacturing, distributing and selling bread, shall have all the powers, rights and privileges which are specified in the Royal Commissions Act 1902–1933 as appertaining to a Royal Commission, and the provisions contained in that Act shall have effect as if they were herein enacted and in terms made applicable to the Commission so appointed.
Quorum.
3. For the purpose of taking evidence any two members of the Commission referred to in the last preceding section shall, notwithstanding anything contained in the Letters Patent referred to in that section, be sufficient to constitute a quorum.
Overview
The Wheat Commission Act 1935 was enacted by the Commonwealth Parliament to facilitate the proceedings of a Royal Commission, specifically appointed to examine the economic position of various industries related to wheat. This includes the growing, handling, and marketing of wheat, as well as the manufacturing, distribution, and sale of flour and bread. The Act ensures that the Royal Commission has the necessary powers, rights, and privileges to effectively carry out its inquiry, drawing from the provisions of the Royal Commissions Act 1902–1933. The Act underscores the importance of understanding the economic challenges faced by these industries to inform potential policy or legislative changes.
The policy objective behind this legislation was to provide a thorough investigation into the economic conditions of the wheat industry and related sectors. By enabling the Royal Commission to operate with the same authority as those established under the Royal Commissions Act 1902–1933, the Wheat Commission Act 1935 aimed to ensure that the inquiry could be conducted efficiently and effectively, leading to informed recommendations that could address the identified issues and improve the economic stability and efficiency of the wheat industry.
Scope and Application
The Wheat Commission Act 1935 applies to the Royal Commission appointed to investigate and report on the economic conditions affecting the wheat industry, including the sectors of wheat growing, handling, marketing, flour and other wheat-derived product manufacturing, and bread production, distribution, and sales. This Act grants the Commission the powers, rights, and privileges outlined in the Royal Commissions Act 1902–1933, which are deemed applicable to the specific Commission formed under this Act. The geographic scope of the Act is nationwide, as it concerns industries and economic conditions that span the entire Commonwealth of Australia. The Act does not explicitly state any exclusions, exemptions, or specific thresholds for its application. The legislation does, however, extend its application by incorporating the provisions of the Royal Commissions Act 1902–1933, thereby allowing for the use of subordinate instruments to further define or refine the scope of the Commission's inquiry.
Key Provisions
The Wheat Commission Act 1935, as outlined in section 1, serves as the legislative framework for the Royal Commission established to investigate the economic position of the wheat industry, including the growing, handling, marketing, and manufacturing sectors. Section 2 of the Act specifies that the Commission, appointed on 25 January 1934 and named by Letters Patent in the name of the King, is empowered with all the rights, privileges, and powers designated under the Royal Commissions Act 1902–1933. This includes the ability to gather evidence, make inquiries, and report findings as if the provisions of the Royal Commissions Act were incorporated within this Act. The Act also ensures that the Royal Commission's procedures and powers are legally enforceable and applicable to the Commission's mandate.
The Act imposes several obligations on the Commission, including the requirement to conduct its inquiries in a thorough and comprehensive manner as stated in section 2. The Commission must operate within the legal boundaries and powers conferred upon it by the Royal Commissions Act 1902–1933, ensuring that all actions are lawful and justified. Additionally, the Act stipulates in section 3 that any two members of the Commission shall constitute a quorum for the purposes of taking evidence, which allows for flexibility in meeting requirements and conducting necessary proceedings. This provision ensures that the Commission can continue its work even if some members are unavailable, thus maintaining the continuity and efficiency of its operations.
In terms of consequences for non-compliance or misconduct, the Wheat Commission Act 1935 does not explicitly outline specific offences or penalties for breaches within the text provided. However, given the powers granted to the Commission under the Royal Commissions Act 1902–1933, it is reasonable to infer that any breaches of legal procedures or misuse of powers could be subject to the penalties and consequences outlined in that Act. These may include fines, imprisonment, or other legal repercussions as determined by the courts, reflecting the seriousness with which the law treats violations of the Commission's authority and duties.