STATUTORY RULES.

1913. No. 278.

REGULATIONS UNDER THE WAR PRECAUTIONS ACT 1914-1916.

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations, under the War Precautions Act 1914-1916, to come into operation forthwith.

Dated this sixteenth day of October, 1918.

R. M. FERGUSON,

Governor-General.

By His Excellency’s Command,

G. F. PEARCE,

Minister of State for Defence.

War Precautions (Dairy Produce Pool) Regulations.

Short title.

1. These Regulations may be cited as the War Precautions (Dairy Produce Pool) Regulations 1918.

Definitions.

2. In these Regulations, unless the contrary intention appears—

“Butter Factory” means any factory which, during the year ended the thirtieth day of June, 1918, manufactured not less than 26 tons of butter;

“Cheese Factory” means any factory which, during the year ended the thirtieth day of June, 1918, manufactured not less than 26 tons of cheese;

“Proclaimed Prices” means prices fixed by order under the War Precautions (Prices) Regulations.

Constitution of Dairy Produce Pool Committee.

3. (1) For the purpose of providing as large a quantity of dairy produce as possible for the Imperial Government and an adequate supply of dairy produce throughout the Commonwealth during the period of the war, there shall be a Commonwealth Dairy Produce Pool Committee (in these Regulations referred to as “the Committee”) consisting of the Minister, who shall be the Chairman of the Committee, a Deputy Chairman to be appointed by the Minister, three nominees of the Commonwealth Government, two representatives for each of the States of New South Wales, Victoria and Queensland in respect of the butter factories in those States, one representative for each of the States of South Australia and Tasmania in respect of the butter factories in those States, one representative for each of the States of New South Wales, Victoria and Queensland in respect of the cheese factories in those States, and the Commonwealth Dairy Expert.

(2) In the absence of the Minister and the Deputy Chairman the members of the Committee present at the meeting shall appoint one of their number to act as Chairman at the meeting.

(3) The Minister, and, in his absence, the Deputy Chairman, and, in the absence of both, the member of the Committee appointed to act as Chairman, shall have a casting vote only.

(4) The Commonwealth Dairy Expert shall have a voice, but no vote on any question before the Committee.

(5) Seven members of the Committee shall form a quorum of the Committee.

(6) The Committee shall keep minutes of all meetings of the Committee.

Vacancies in Committee.

4. (1) Any member of the Committee, except the Minister, Deputy Chairman or the Commonwealth Dairy Expert, who is absent without leave from three consecutive meetings of the Committee shall cease to be a member of the Committee.

(2) In the event of a vacancy occurring by reason of the death, resignation or forfeiture of office of any member of the Committee, the vacancy shall be filled in the same manner as the member, whose death, resignation or forfeiture of office caused the vacancy, was chosen.

Payment of members of Committee.

5. Members of the Committee, other than the Minister, may be paid, from moneys held by the Committee, such sums as remuneration or expenses as the Minister may from time to time authorize.

Appointment of officers.

6. The Committee may, subject to the approval of the Minister, appoint such officers as it deems necessary for the purposes of these Regulations.

Declaration of Secrecy.

7. (1) Every officer appointed for the purposes of these Regulations shall, before entering on his duties under these Regulations, make a declaration of secrecy in accordance with the Form in the Schedule.

(2) Any officer appointed under these Regulations who, except in the course of his duty under these Regulations, directly or indirectly communicates or divulges any information relating to any matter which comes to his knowledge in consequence of his employment for the purposes of these Regulations, or is guilty of a breach of duty or of negligence or carelessness in discharge of any duty imposed upon him by these Regulations, shall be guilty of an offence.

Method of election of representatives of factories.

8. (1) Subject to these Regulations the method of electing the representatives for the States and of conducting the elections of those representatives shall be determined by the Minister.

(2) The election held on the fourteenth day of October, 1918, shall be deemed to have been held in pursuance of and in accordance with these Regulations.

Declaration on voting paper.

9. (1) Every person voting at any election of the representatives for the States shall—

(a) state on the voting paper the factory on behalf of which he is voting; and

(b) sign on the voting paper a declaration that the factory on behalf of which he is voting has manufactured not less than twenty-six tons of butter or twenty-six tons of cheese, as the case may be, for the year ended the thirtieth day of June, 1918.

(2) If the declaration signed in pursuance of paragraph (b) of the last preceding sub-regulation is false the person signing it shall be guilty of an offence and the vote shall be invalid.

(3) The burden of proving that the declaration is true shall lie on the person accused.

Tenure of office of representatives of factories.

10. The representatives for the States elected as members of the first Committee created under these Regulations shall cease to hold office on the thirtieth day of June, 1920, but shall be eligible for re-election.

Butter and cheese to be dealt with in accordance with regulations.

11. All butter and cheese produced in the States of New South Wales, Victoria, Queensland, South Australia and Tasmania from the date of the commencement of these Regulations shall be dealt with in accordance with these Regulations:

Provided that the Committee may exempt from the provisions of these Regulations—

(a) such small manufacturers as it thinks fit; and

(b) sales of butter and cheese direct to retailers.

Existing contracts voidable.

12. Existing contracts for the sale of butter and cheese shall, after investigation, be voidable on the recommendation of the Committee approved by the Minister.

Duties of Committee.

13. It shall be the duty of the Committee—

(a) to provide, as far as possible, butter and cheese for consumption in the Commonwealth;

(b) to make such arrangements, as it deems necessary, with regard to sales of butter and cheese to the Imperial Government and other sales for export;

(c) to acquire for storage, on such a basis and conditions as will, as far as possible, prevent any factory obtaining an advantage over any other factory, such butter and cheese, as it deems necessary, in order to meet any shortage that may occur within the Commonwealth;

(d) to hold in cool stores, at a temperature determined by the Committee, any butter and cheese acquired under these Regulations;

(e) to arrange for the safe custody of butter and cheese placed in cool stores and to insure that butter and cheese on behalf of the Commonwealth at the full value;

(f) to have the containers of butter and cheese placed in cool stores marked with an indelible brand in order that the identity of the butter and cheese may be effectively secured;

(g) to use the stored butter and cheese in such manner as it deems fit, and to supply it during any period of shortage to those places and States wherein a shortage is experienced;

(h) to ensure—

(i) that all butter and cheese acquired in pursuance of these Regulations is paid for at a price not exceeding the proclaimed price;

(ii) that all butter and cheese allotted to the trade within the Commonwealth is sold at a price not exceeding the proclaimed price; and

(iii) that all moneys over and above the proclaimed price received for exported butter and cheese is placed to the credit of the Committee; and

(i) to take any other action which it deems necessary to give effect to these Regulations.

Storage warrant.

14. Upon any butter or cheese acquired under these Regulations being placed in cool stores the manufacturer or his agent shall obtain a storage warrant.

Payment for butter and cheese.

15. The Committee shall pay for any butter and cheese acquired under these Regulations on production by the manufacturer or his agent to the Committee or the Commonwealth Bank, as the Committee directs, an invoice accompanied by—

(a) Certificate of the Official Grader; and

(b) Storage Warrant.

Grading of butter and cheese.

16. All butter or cheese which is acquired for storage or transferred from one State to another shall be graded by an official grader of the Department of Trade and Customs before going into cool stores, or not more than fourteen days before the date of transfer, as the case may be.

Grade certificates.

17. The official grader shall issue, in respect of the butter and cheese graded by him under these Regulations, grade certificates in accordance with the appropriate Forms in the Schedule to the Commerce Regulations 1913.

Licences to trade.

18. (1) The Committee may, subject to the approval of the Minister, grant to any recognized, wholesale trader in butter and cheese, a licence to trade in butter and cheese.

(2) Unless the Committee has refused to grant, or has revoked the grant of, a licence to a recognized trader, he shall be deemed to have been licensed to trade although a licence has not been issued to him.

(3) The Minister may, at any time, on the recommendation of the Committee, suspend or revoke any licence.

Prices.

19. (1) The price to be charged for butter and cheese for consumption within the Commonwealth shall, not exceed the proclaimed price.

(2) Butter and cheese acquired under these Regulations shall be paid for at a price not exceeding the proclaimed price less commission charges.

Rates of commission.

20. The Committee may fix the rates of commission which agents may charge in connexion with the sale of butter and cheese.

Revocation of licence of agent paying more than proclaimed price.

21. (1) On proof to the satisfaction of the Committee that any agent has paid more than the proclaimed price for any butter or cheese, the Minister, on the recommendation of the Committee, may revoke the licence of the agent to trade in butter and cheese.

(2) Nothing in this regulation shall affect the liability of the agent to prosecution for an offence against the War Precautions (Prices) Regulations.

Price for butter or cheese for export.

22. All persons requiring butter or cheese for export, in tins or otherwise, to markets other than Great Britain, shall pay to the Committee such price, not being less than the price provided in the Imperial Government Contract, as in the opinion of the Committee is fair and equitable.

Minister may override action of Committee.

23. Notwithstanding anything in these Regulations, the Minister may give such directions as he thinks fit with regard to any action taken, or proposed to be taken by the Committee, and the action taken or proposed to be taken by the Committee shall thereupon be subject to those directions.

Failure to obey direction of Minister or Committee.

24. Any person who refuses or fails to comply with any direction of the Minister or the Committee in relation to the trade in butter and cheese shall be guilty of an offence.

Returns.

25. (1) For the purposes of these Regulations, the Committee may, by notice published in the Gazette or served on the producers, require any producers of butter or cheese to furnish a return of the butter and cheese manufactured by them during any specified period, and the stocks of butter and cheese held by them on any specified date.

(2) Any person who fails or refuses to furnish a return in pursuance of the last preceding sub-regulation or furnishes a return misleading in any respect, shall be guilty of an offence.

Financial arrangements.

26. The Committee shall—

(a) with the approval of the Treasurer, arrange for an overdraft with the Commonwealth Bank for the purposes of meeting payments in respect of butter and cheese acquired under these Regulations;

(b) pay, into the Commonwealth Bank in reduction of the overdraft, all moneys received from the sale of butter and cheese; and

(c) keep such books of account as the Treasurer approves.

Audit of accounts.

27. The accounts of the Committee shall be audited from time to time, by the Auditor-General or a person appointed by him.

THE SCHEDULE.

Commonwealth of Australia.

The War Precautions (Dairy Produce Pool) Regulations.

Declaration by Officers under Regulation 7.

I, of being    appointed under the abovenamed Regulations, do solemnly and sincerely promise and declare that I will faithfully and to the best of my ability perform the duties imposed on me as                                                        and that except in the course of my duty under the above Regulations, I will not directly or indirectly communicate or divulge any information relating to any matter which comes to my knowledge in consequence of my employment for the purposes of those Regulations.

Declared at this day of , 19

Before me*

*Signature of Justice of the Peace or Commissioner for Affidavits or Commissioner for Declarations.

Printed and Published for the Government of the Commonwealth of Australia. by H. J. Green, Acting Government Printer for the State of Victoria.

C.16644.—2