STATUTORY RULES.

1939. No. 144.

REGULATIONS RELATING TO THE EGG INDUSTRY.*

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

Dated this Eighth day of November, 1939.

(SGD.) GOWRIE.

Governor-General.

By His Excellency’s Command,

for Minister of State for Defence.

Egg Control Regulations.

Short title.

1. These Regulations may be cited as the Egg Control Regulations.

Objects.

2. The purpose of these Regulations is the control of dealings in certain eggs in order to secure the public safety and the defence of the Commonwealth and the efficient prosecution of the war and to maintain supplies and services essential to the life of the community and these Regulations shall be administered accordingly.

Definitions.

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

“appointed place” means a place appointed under regulation 16 of the Exports (Dairy Produce) Regulations to be a place where eggs intended for export may be inspected, examined and held in cold storage for export;

“licence” means a licence granted under these Regulations;

“licensee” means a person who is licensed under these Regulations to export eggs from the Commonwealth;

“person” includes company, corporation, firm, syndicate, association (co-operative or otherwise) and any other body or group of persons whether incorporated or not;

“the Committee” means the Egg Supervision Committee constituted by these Regulations;

“the Minister” means the Minister of State for Commerce.

Egg Supervision Committee.

4.—(1.) For the purposes of these Regulations, there shall be an Egg Supervision Committee.

(2.) The Committee shall consist of four members, who shall be appointed by the Minister by notice published in the Gazette and who shall hold office during the pleasure of the Minister.

(3.) The Minister may appoint one of the members to be the Chairman of the Committee.

(4.) In the absence of the Chairman of the Committee the members present at any meeting may elect one of their number to be the Chairman of that meeting.

* Notified in the Commonwealth Gazette on , 1939.

6328.—25/31.10.1939.—Price 5d.

Incorporation of Committee.

5. The Committee shall be a body corporate, with perpetual succession and a common seal.

Deputies of members.

6.—(1.) The Minister may, in respect of each member of the Committee, appoint any person to be a deputy of that member.

(2.) Any person so appointed shall, in the event of the illness or absence of the member of whom he is the deputy have all the powers of that member during his illness or absence.

(3.) No such appointment of a deputy and no acts done by him as such, shall in any proceedings be questioned on the ground that the occasion for his appointment had not arisen or had ceased.

Meetings of Committee.

7.—(1.) Meetings of the Committee shall be held at such times and places as the Committee from time to time determines.

(2.) The Chairman of the Committee or any two members of the Committee may at any time call a special meeting of the Committee.

(3.) At all meetings of the Committee three members shall form a quorum.

(4.) At all meetings of the Committee the Chairman shall have a deliberative vote and, in the case of an equality of votes, shall also have a casting vote.

(5.) All questions before the Committee shall be decided by a majority of votes.

(6.) The Committee shall keep a record of its proceedings.

Power to co-opt.

8. The Committee may co-opt any person to attend such meetings of the Committee as the Committee determines, and any person so co-opted may attend and take part in the proceedings of any such meetings but shall not be entitled to vote or be counted in any quorum.

Indemnity.

9. A member of the Committee shall not be personally liable for any act of the Committee or of the member acting as such.

Fees and expenses.

10. There shall be payable to any member of the Committee such fees and expenses as the Governor-General may direct.

Export of eggs.

11. On and after the date of commencement of these Regulations no person shall export any eggs unless licensed so to do under these Regulations and in accordance with the terms and conditions of the licence.

Licences to export eggs.

12. The Minister may, in his absolute discretion, by a licence in accordance with the Form set out in the Schedule to these Regulations and signed by him or by any person thereto authorized in writing by him, license any person to export eggs from the Commonwealth during the period specified in the licence and may cancel or suspend any such licence.

Terms and conditions of licence.

13. Every licence granted in pursuance of regulation 12 of these Regulations shall be subject to the following terms and conditions:—

(a) the licensee shall comply with the provisions of these Regulations and any amendment thereof in so far as those provisions are applicable to him;

(b) except with the consent in writing of the Minister the licensee shall not export any eggs—

(i) prior to the date which the Minister may fix as the date on which the export of eggs in any year may be commenced; or

(ii) after the date which the Minister may fix as the date on which the export of eggs in any year shall cease;

(c) the licensee shall, in collaboration with the Committee, take such steps as are necessary to ensure that sufficient eggs are retained in the Commonwealth for domestic consumption;

(d) the licensee shall comply with the provisions of the Exports (Dairy Produce) Regulations applicable to eggs;

(e) the licensee shall furnish to the Committee such information and returns as the Committee or the Minister may require for the purposes of these Regulations;

(f) if required by the Minister or the Committee to export any particular eggs to any particular person or place the licensee shall export those eggs to that person or place; and

(g) the licensee shall comply with any other terms and conditions which the Minister may from time to time direct.

Expropriation of eggs.

14.—(1.) The Minister, from time to time, by order published in the Gazette, may declare that any eggs described in the order are acquired by the Commonwealth and those eggs shall thereupon become the absolute property of the Commonwealth freed from all mortgages, charges, liens, pledges, interests and trusts affecting those eggs and the rights and interests of every person in those eggs are hereby converted into claims for compensation.

(2.) Upon the publication of any order in the Gazette in pursuance of sub-regulation (1.) of this regulation any person authorized by the Committee may either take possession of the eggs therein described or arrange with the previous owner or the person having the disposal or control of those eggs for their delivery to the Commonwealth at an appointed place.

Compensation.

15. Upon the delivery to, or the taking of possession by, the Commonwealth of any eggs in accordance with sub-regulation (2.) of regulation 14 of these Regulations every person having any right or interest in those eggs shall be entitled to be paid such amount of compensation as the Minister, after taking into consideration the recommendation of the Committee, determines:

Provided that the whole or any part of such payment may be withheld until the eggs in respect of which the claim for compensation arises have been sold or disposed of by the Commonwealth and payment received therefor.

Contracts for sale of eggs.

16.—(1.) Every contract relating to the sale of any eggs acquired by the Commonwealth entered into before the acquisition of those eggs is hereby declared to be void and of no effect in so far as that contract has not been completed by delivery.

(2.) Any transaction or contract with respect to any goods which are the subject matter of any contract or part of a contract which is hereby declared to be void shall also be void and of no effect, and any money paid in respect of any contract hereby made void or of any such transaction shall be repaid.

(3.) No action for the enforcement or for damages for breach of any contract of the kind specified in sub-regulation (1.) or (2.) of this regulation, whether the contract was entered into or is to be performed in Australia or elsewhere, shall, in so far as that contract has not been completed by delivery prior to the acquisition of those eggs, be brought in any Federal or State Court or Court of a Territory under the authority of the Commonwealth.

Power to enter and search for eggs.

17. Any member of the Police Force of the Commonwealth or of a State or Territory authorized so to do by the Minister may, at any time in the day or night, enter and search any premises or vessel or part thereof where any eggs acquired by the Commonwealth are or are suspected to be and, if necessary for that purpose, may break into and use force to enter such premises or vessel or part.

Inspection of stocks, books, &c.

18. For the purposes of these Regulations, any person thereto authorized by the Minister may, at all reasonable times, enter any premises and inspect any stocks of eggs and any accounts, books and documents relating to any eggs.

Proper care to be taken of eggs.

19. Any person having any eggs the property of the Commonwealth in his possession or under his care shall exercise proper care and take all proper and reasonable precautions and do all things necessary to preserve and safeguard those goods and keep them free from any damage or deterioration whatsoever.

Dealing in eggs by Commonwealth.

20. The Commonwealth may purchase any eggs and may use, sell, export or otherwise dispose of any eggs acquired or purchased by it.

Powers of Committee.

21. On behalf of the Commonwealth and subject to any directions of the Minister, the Committee may—

(a) take such action as is necessary to facilitate the performance of any contract entered into between the Governments of the United Kingdom and of the Commonwealth for the sale and export of eggs;

(b) supervise licensees so as to regulate exports in order to ensure that sufficient eggs are retained in the Commonwealth for domestic consumption and that the provisions of these Regulations and any directions by the Minister are being duly carried out;

(c) whenever necessary to endeavour to assist the owners of eggs which are awaiting export or are retained in Australia for future consumption to obtain adequate facilities for storing those eggs;

(d) purchase any eggs;

(e) use, sell, export or otherwise dispose of any eggs acquired or purchased by the Commonwealth or by the Committee on behalf of the Commonwealth;

(f) manage and control all matters connected with the handling, storage, protection, treatment, transfer or shipment of any eggs acquired, purchased, used, sold, exported or otherwise disposed of by the Commonwealth or by the Committee on behalf of the Commonwealth; and

(g) do all matters which it is required by these Regulations to do or which are necessary or convenient for giving effect to these Regulations.

Finance.

22.—(1.) The Committee shall open and maintain an account at the Commonwealth Bank of Australia into which it shall pay all moneys received and out of which it shall defray all costs and expenses of administering these Regulations and make all payments in respect of compensation and any other payments authorized to be made by these Regulations.

(2.) The accounts of the Committee shall be subject to audit by the Auditor-General.

False returns.

23. Any person who furnishes any return required to be furnished by or under these Regulations which is false in any particular shall be guilty of an offence against the National Security Act 1939.

THE SCHEDULE.

Reg. 10.

Commonwealth of Australia.

National Security Act 1939.

EGG CONTROL REGULATIONS.

In pursuance of regulation 10 of the Egg Control Regulations made under the National Security Act 1939, I,              , the Minister of State for Commerce,* hereby grant to              of                                                                                    a licence to export eggs from the Commonwealth during the period commencing on the                            day of                            , 19              , and ending on the                            day of                            , 19              ,upon the terms and conditions prescribed in those Regulations and subject to any directions which may be given under those Regulations from time to time.

*Minister of State for Commerce.

*or a “person authorized in writing by the Minister of State for Commerce to grant licences under those Regulations”.

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