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War Precautions (Wool) Regulations 1916

Authoritative Version
SR 1916 No. 322 Regulations as made
Principal Regulations
Gazetted 21 Dec 1916
Date of repeal 02 Dec 1920
Repealed by Repeal of the enabling legislation by War Precautions Act Repeal Act 1920

STATUTORY RULES.

1916. No. 322.

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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, and I declare that the Regulations shall, unless otherwise specified, be deemed to have come into operation on the twenty-third day of November, 1916.

Dated this twentieth day of December, 1916.

R. M. FERGUSON,

Governor-General.

By His Excellency’s Command,

W. M. HUGHES,

for Minister of State for Defence.

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War Precautions (Wool) Regulations.

Short title and commencement.

1. (1)    These Regulations may be cited as the War Precautions (Wool) Regulations 1916.

(2)   These Regulations (excepting Regulations 18 and 28) shall be deemed to have come into operation on the twenty-third day of November, 1916.

Central and State Wool Committees.

2.   For the purposes of these Regulations there shall be a Central Wool Committee, in these Regulations referred to as “the Central Committee”, and there shall in each State be a State Wool Committee, in these Regulations referred to as “a State Committee”.

Central Committee.

3. (1)  The Central Committee shall consist of a Chairman and of eight members, viz.:—

2 Wool Growers;

3 Wool Sellers;

1 Wool Buyer;

1 Manufacturer;

1 Scourer or Fellmonger.

(2)  The members of the Central Committee shall be appointed by the Prime Minister and shall hold office during his pleasure.

(3)  The first members of the Central Committee are:—

Wool Growers.

Edmund Jowett.

John Archibald Campbell.

Wool Sellers.

Walter James Young.

Andrew Howard Moore.

William Stevenson Fraser.


Wool Buyer.

Robert Bond McComas.

Manufacturer.

Burdett Laycock.

Scourer.

Frederick William Hughes.

Chairman and Government Nominee.

John Michael Higgins.

State Committee.

4. (1)    Each State Committee shall consist of eight members as follows:—

2 Wool Growers;

3 Wool Sellers;

1 Wool Buyer;

1 Manufacturer;

1 Scourer or Fellmonger.

(2)   The Members of a State Committee shall be appointed by the Prime Minister, after nomination by a conference of persons representing the various branches of the wool industry, and shall hold office during his pleasure; and one of their number shall be appointed by the Prime Minister to be the Chairman.

Administration of Regulations.

5.  The Central Committee shall have the control of the administration of these Regulations subject to the directions of the Prime Minister.

State Committee to comply with instructions of Central Committee.

6.   The State Committees shall comply strictly with all instructions issued to them by the Central Committee.

State Committee to forward reports to Central Committee.

7.   As soon as possible after any meeting of a State Committee, the Committee shall forward a report of the proceedings of the meeting to the Central Committee.

Decisions of State Committee subject to revision by Central Committee.

8.   The decisions of a State Committee shall be subject to revisions by the Central Committee, and no matter of policy or change of policy shall be given effect to by a State Committee until the consent of the Central Committee has first been obtained.

Member of Central Committee may attend meeting of State

9.   Any member of the Central Committee shall be entitled to attend any meeting of a State Committee and to speak thereat but not to vote.

Prohibition of sale of wool or tops.

10.   No person shall sell any wool or tops except through or to or with the consent of the Commonwealth Government or otherwise in accordance with these Regulations.

Existing contracts for sale of wool or tops voidable.

11.   Existing contracts for the sale of wool or tops shall, after investigation, be voidable upon the recommendation of the Central Committee approved by the Prime Minister.

Limits for each description of wool.

12.   The limits for each description of wool throughout the Commonwealth shall be fixed by the Central Committee as far as possible in proportionate relation to the prices ruling for that description in the Australian market during the months of October and November, 1916, but so that the average of the total payments per pound shall not exceed the price to be paid by the Imperial Government for the wool.

State Committee to arrange for appraisement of prices.

13.     It shall be the duty of each State Committee to arrange for the appraisement of the prices to be paid for each parcel of wool in accordance with the list of limits fixed by the Central Committee.

Appointment of appraisers.

14.   The Prime Minister, after a recommendation from the Central Committee, shall appoint appraisers in each State, and such appointments shall be held during the Prime Minister’s pleasure and may be cancelled without notice, and no person shall act as an appraiser until so appointed.

Appraisement.

15. (1)   The appraisement of each parcel of wool shall be made by three sworn appraisers, one representing the selling house, on behalf of the wool grower, and two representing the Commonwealth Government.

(2)   The appraisers shall appraise each lot of wool submitted and determine its value. Such determination shall be final and without appeal.

Duty of appraisers.

16.   The duty of the appraisers representing the Commonwealth Government shall be—

(a) to deal with such parcels of wool as are apportioned to them by the State Committee;

(b) to estimate the value of each such parcel of wool upon the basis prescribed by these Regulations;

(c) to examine the bulk of each parcel, and, after comparing with sample bales upon which an appraisement was made, make any adjustment with the wool-selling brokers, if necessary, as provided for by the rules and regulations hitherto governing the sale of wool;

(d) to check the invoices of the selling brokers and certify as to their correctness;

(e) if required—

(i) to re-allot such parcels of wool in such a way that each re-allotted parcel shall comprise wool of similar character of various brands;

(ii) to supervise the removal of wool from the store to the ship;

(iii) to have counter marks placed on all bales comprised in each re-allotted parcel;

(iv) to make out bills of lading;

(v) to lodge for signature and obtain the bills when signed;

(vi) to pay wharfage charges;

(vii) to make out invoices of the re-allotted parcels and prepare a statement showing that the total of same plus wharfage paid and their remuneration at the rate hereinafter provided agrees with the total of the selling broker’s invoice;

(viii) to lodge all such documents in triplicate with the State Committee, or as directed by the State Committee, and to keep a copy for future reference.


Examination of wool.

17.   The conditions under which the wool shall be examined shall, subject to these Regulations, be the same as prevailed in each selling centre prior to the twenty-third day of November, 1916.

Declarations of selling broker and appraiser.

18. (1)     Each wool-selling broker shall, before he sells any wool or tops, sign a declaration in accordance with Form A in the Schedule.

(2)   Each wool appraiser shall, before acting under these Regulations, sign a declaration in accordance with Form B in the Schedule.

(3)   If any wool-selling broker—

(a) makes, in any declaration signed in pursuance of this Regulation, any false statement; or

(b) sells wool or tops before he has signed the declaration prescribed by this Regulation; or

(c) sells wool or tops after the Prime Minister has notified him that he is not permitted to sell wool or tops,

he shall be guilty of an offence.

(4)   If any wool appraiser—

(a) makes, in any declaration signed in pursuance of this Regulation, any false statement; or

(b) acts under these Regulations before he has signed the declaration prescribed by this Regulation; or

(c) acts under these Regulations after his appointment has been cancelled, he shall be guilty of an offence.

Payment of appraisers.

19.   For performing the services set forth in Regulations 15 and 16 in respect of wool apportioned to them and all or any other services, including buying brokerage, that they would or should have performed in the ordinary way, if they were acting for their ordinary clients, the appraisers representing the Commonwealth Government shall charge and be paid a remuneration the basis of which shall he that the total remuneration calculated upon the amount of each invoice shall not exceed the rate of one per cent. They shall also be repaid the amount paid by them in respect of wharfage and/or cartage if incurred.

Duties of existing selling brokers in each State.

20.   The existing selling brokers in each State shall, acting under the direction of the State Committee, display wool for sale in the usual way, and after the appraisement of the value of each lot has been made as prescribed shall for a reasonable number of hours give every facility, to persons properly authorized to do so, to examine any such lots, and shall hand to such authorized persons, when so requested, copies of the appraisements made. The selling brokers shall invoice to such authorized persons any lots which they wish to purchase for local manufacture, if available, and shall account for them to the Commonwealth Government.

Broker may be prohibited from selling wool or tops.

21.   The Prime Minister may at any time notify a wool-selling broker, in writing, that he is not permitted to sell wool or tops, and the wool-selling broker shall not, after the receipt of such a notification, sell or offer for sale any wool or tops.

Returns to be furnished to Central Committee by appraisers,

22.   The appraisers shall furnish to the Central Committee, if and when directed, returns of all appraisements made and reports on other matters appertaining to their duties.


Allotment of space by Central Committee.

23. (1)      The Central Committee shall, from time to time, allot to each State on an equality basis space for wool as freight becomes available.

(2)   Such allotment of freight shall be on the basis of the quantity of wool appraised in each State.

(3)   Particulars of such allotment shall, from time to time, be forwarded by the Central Committee to each State Committee.

General policy.

24.   The general policy to be observed in the administration of these Regulations shall be equality of treatment.

Appointment of arbitrator.

25.   In case of a dispute as to any matter arising under these Regulations the Prime Minister may, if he thinks fit, on the request of the Central Committee, appoint an arbitrator whose decision shall be final.

Reimbursement of Commonwealth Government,

26.   The Commonwealth Government shall be entitled to be reimbursed out of moneys received from the Imperial Government for all expenses which may be incurred in connexion with the administration of these Regulations.

Alteration or repeal of Regulations.

27.   These Regulations are subject to alteration, and any such alteration, or the repeal of the Regulations, shall not be a ground for any claim on the part of any person.

Repeal of S.R. 1916, No. 300.

28.   Regulation 23 of the War Precautions (Supplementary) Regulations (Statutory Rules 1916, No. 300) is hereby repealed.

 

C.––6188.—2


Form A.

The Schedule.

Commonwealth of Australia.

The War Precautions (Wool) Regulations.

Declaration by Wool-selling Broker under Regulation 18.

I;

of

being a Wool-selling Broker, do solemnly and sincerely declare as follows:—

(a) Here insert country of birth. (b) Here insert date of birth. (c) Here insert nationality at date of birth. (d) Here insert present nationality.

1. I was born at (a)                             on (b)

2. At the date of my birth I was (c)

3. I am now (d)

And I 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 Wool-selling Broker.

Declared at      this     

day of                             ,19                                 *

Before me

* Signature of wool-selling broker.

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

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Form B.

Commonwealth of Australia.

The War Precautions (Wool) Regulations.

Declaration by Appraiser under Regulation 18.

I,

of

being an Appraiser appointed, under the above-named Regulations, do

solemnly and sincerely declare as follows:—

(a) Here insert country of birth. (b) Here insert date of birth. (c) Here insert nationality at date of birth. (b) Here insert present nationality.

1. I was born at (a)                       on (b)

2. At the date of my birth I was(c)

3. I am now (d)

And I 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 Appraiser, and that I will not, except in the course of my duty, disclose any information which comes into my possession in the course of the performance of my duties as Appraiser.

Declared at                       this

day of             , 19                  *

Before me

* Signature of appraiser.

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

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Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.

C. 16188.—Price 3d.