{"id":"C1939L00096","name":"Wheat Acquisition Regulations","slug":"wheat-acquisition-regulations","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":"96 of 1939","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":22056,"registerId":"commonwealth-C1939L00096-current","compilationNumber":null,"startDate":"2026-04-01","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Wheat Acquisition Regulations","content":"STATUTORY RULES.\n\n1939\\. No. 96.\n\nREGULATIONS RELATING TO THE ACQUISITION OF WHEAT.\n\nI, 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.\n\nDated this twenty-first day of September, 1939.\n\n![Signature of the Earl of Gowrie, Governor-General. ](image.001.png)\n\nGovernor-General.\n\nBy His Excellency’s Command,\n\n![Signature of George McLeay, for the Minister of State for Defence. ](image.002.jpeg)\n\nfor Minister of State for Defence.\n\n————\n\nWheat Acquisition Regulations.\n\nShort title.\n\n1. These Regulations may be cited as the Wheat Acquisition Regulations.\n\nDefinitions.\n\n2. In these Regulations, unless the contrary intention appears—\n\n“Committee” means a State Committee constituted by these Regulations;\n\n“licensed agent” means a person licensed by the Board under these Regulations to receive wheat on behalf of the Commonwealth ;\n\n“the Board” means the Australian Wheat Board constituted by these Regulations; and\n\n“the Minister” means the Minister of State for Commerce.\n\nAustralian Wheat Board.\n\n3.—(1.) For the purposes of these Regulations there shall be an Australian Wheat Board.\n\n(2.) The Board shall consist of—\n\n(a) one person representing the Commonwealth Government;\n\n(b) two persons representing the wheat-growers of Australia;\n\n(c) two persons representing wheat marketing pools;\n\n(d) three persons representing wheat merchants; and\n\n(e) one person representing bulk handling authorities,\n\nwho shall be appointed by the Minister by notice published in the Gazette and who shall hold office during the pleasure of the Minister.\n\n(3.) The person appointed to represent the Commonwealth Government shall be the Chairman of the Board.\n\n5347.—15/21.9.1939.—Price 5d. \n\n(4.) In the absence of the Chairman of the Board the members present at any meeting may elect one of their number to be the Chairman of that meeting.\n\nIncorporation of Board.\n\n4. The Board shall be a body corporate, with perpetual succession and a common seal.\n\nDeputies of members.\n\n5.—(1.) The Minister may, in respect of each member of the Board, appoint a person representative of the same interests as the member, to be the deputy of that member.\n\n(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.\n\n(3.) So 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.\n\nMeetings of the Board.\n\n6.—(1.) Meetings of the Board shall be held at such times and places as the Board from time to time determines.\n\n(2.) The Chairman of the Board, or any four members thereof, may at any time call a special meeting of the Board.\n\n(3.) At all meetings of the Board six members shall form a quorum.\n\n(4.) At all meetings of the Board the Chairman shall have a deliberative vote and, in the case of an equality of votes, shall also have a casting vote.\n\n(5.) All questions before the Board shall be decided by a majority of votes.\n\n(6.) The Board shall keep a record of its proceedings.\n\nExecutive Committee.\n\n7. The Board may appoint any number of its members to be an Executive Committee and delegate to that Committee such of its powers and functions as the Board, subject to any direction by the Minister, determines:\n\nProvided that no such delegation shall prevent the exercise of any power or function by the Board.\n\nIndemnity.\n\n8. A member of the Board shall not be personally liable for any act of the Board or of the member acting as such.\n\nAppointment of officers.\n\n9.—(1.) The Board may appoint such officers as are necessary to assist the Board in carrying out its functions under these Regulations.\n\n(2.) Officers appointed in pursuance of these Regulations shall not be subject to the Commonwealth Public Service Act 1922-1937 and shall hold office during the pleasure of the Board.\n\n(3.) Where an officer appointed in pursuance of this regulation was, immediately prior to his appointment, an officer of the Public Service of the Commonwealth, his service as an officer of the Board shall, for the purpose of determining his existing and accruing rights, be taken into account as if it were service in the Public Service of the Commonwealth, and the Officers’ Rights Declaration Act 1922-1933 shall apply as if this regulation had been specified in the Schedule to that Act.\n\n(4.) The salaries of officers appointed in pursuance of this regulation shall be as directed by the Governor-General. \n\nState Committee.\n\n10. —(1.) For the purposes of these Regulations there shall be a Committee appointed for each State.\n\n(2.) Each Committee shall consist of—\n\n(a) two persons representing the State Government, one of whom shall be a senior officer of the railways authority of that State;\n\n(b) one person representing the flour millers in that State;\n\n(c) one person representing either the wheat merchants or wheat marketing pools in that State;\n\n(d) one person representing the wheat-growers in that State; and\n\n(e) one person representing—\n\n(i) in the States of New South Wales, Victoria and Western Australia—bulk handling authorities;\n\n(ii) in the State of South Australia—the South Australian Farmers’ Co-operative Union Limited; and\n\n(iii) in the State of Queensland—the State Wheat Board,\n\nwho shall be appointed by the Minister by notice published in the Gazette and who shall hold office during the pleasure of the Minister.\n\n(3.) A Committee shall have such powers and functions as these Regulations confer or as the Board thinks fit but shall exercise all its powers and functions subject to any direction which the Board may give.\n\n(4.) The person appointed to represent the State Government who is not the officer of the railways authority shall be the Chairman of a Committee.\n\n(5.) In the absence of the Chairman of a Committee the members present at any meeting may elect one of their number to be the Chairman of that meeting.\n\n(6.) At any meeting of a Committee, four members shall form a quorum.\n\n(7.) At any meeting of a Committee the Chairman shall have a deliberative vote and, in the case of an equality of votes, shall also have a casting vote.\n\n(8.) All questions before a Committee shall be decided by a majority of votes.\n\n(9.) Any member of the Board shall have the right to attend and to take part in the proceedings of any meeting of a Committee:\n\nProvided that the member of the Board shall not vote or be counted in any quorum.\n\nLicensed agents.\n\n11. The Board may license, subject to such conditions as are specified in the licence, any person, firm, company or State authority to receive wheat on behalf of the Commonwealth and may cancel or suspend any such licence.\n\nOverseas agents.\n\n12. The Board may, subject to the approval of the Minister, enter into any agreement with any person, company or governmental authority in any place outside Australia providing for that person, company or authority to act as the agent of the Board in respect of such matters and for such remuneration as is provided in the agreement.\n\nFees and expenses.\n\n13. —-(1.) There shall be payable to any member of the Board or of a Committee such salaries, fees and expenses, as the Governor-General may direct. \n\n(2.) There shall be payable to any licensed agent, as remuneration for his services and for any facilities made available by him for the storage, protection, treatment, handling, transfer and shipping of wheat, and for any expenses properly incurred by him, such amount as the Minister from time to time determines.\n\nExpropriation of wheat.\n\n14. For securing the public safety and the defence of the Commonwealth and the Territories of the Commonwealth, for the efficient prosecution of the war, and for maintaining supplies and services essential to the life of the community, the Minister may, from time to time, by order published in the Gazette, declare that any wheat described in the order is acquired by the Commonwealth and that wheat shall thereupon become the absolute property of the Commonwealth, freed from all mortgages, charges, liens, pledges, interests and trusts affecting that wheat, and the rights and interests of every person in that wheat (including any rights or interests arising in respect of any moneys advanced in respect of that wheat) are hereby converted into claims for compensation.\n\nReturns,\n\n15. All persons having wheat acquired by the Commonwealth in their possession control or disposal on the date of the publication of an order describing that wheat shall, within fourteen days of that publication, furnish to the Board a return in accordance with Form A in the Schedule to these Regulations.\n\nDelivery of wheat.\n\n16. Any person having wheat acquired by the Commonwealth in his possession, control or disposal may deliver or consign that wheat to a licensed agent or, on receipt of a notice in writing from the Board (or from the Chairman of a Committee authorized in that behalf by the Board) requiring him to deliver or consign that wheat to a licensed agent specified in the notice, shall deliver or consign (as the case may be) the wheat to that licensed agent within the time specified in the notice.\n\nNo person to deliver wheat except as provided.\n\n17. Except as provided in regulation 16 of these Regulations, or with the consent of the Board, no person shall—\n\n(a) part with the possession of any wheat acquired by the Commonwealth which is held in his possession; or\n\n(b) take into his possession any wheat which has been acquired by the Commonwealth other than wheat which he purchases from the Commonwealth.\n\nLicensed agent to hold wheat.\n\n18. A licensed agent shall hold all wheat acquired by the Commonwealth, which is at any time in his possession, on behalf of the Commonwealth, and shall not part with the possession of any such wheat except in accordance with instructions from the Board or from the Chairman of a Committee authorized in that behalf by the Board.\n\nCompensation.\n\n19.—(1.) Upon delivery or consignment of any wheat in accordance with regulation 16 of these Regulations every person having any right or interest in that wheat may forward to the Board a claim for compensation in accordance with Form B in the Schedule to these Regulations and shall be entitled to be paid such amount of compensation as the Minister, on the recommendation of the Board, determines. \n\n(2.) It shall not be necessary for the Minister to make a determination in pursuance of sub-regulation (1.) of this regulation until, in his opinion, a sufficient quantity of any wheat acquired by the Commonwealth has been disposed of to enable the Board to make a just recommendation, but the Minister may, in his absolute discretion, make any payment on account of any claim notwithstanding that no determination in respect of that claim has been made.\n\nContracts for sale of wheat.\n\n20.—(1.) Every contract relating to the sale of any wheat acquired by the Commonwealth, entered into before the acquisition of that wheat, is hereby declared to be void and of no effect in so far as that contract has not been completed by delivery.\n\n(2.) Any transaction or contract with respect to any wheat which is 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.\n\n(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, insofar as that contract has not been completed by delivery prior to the acquisition of that wheat, be brought in any Federal or State Court or Court of a Territory under the authority of the Commonwealth.\n\nReturn of contract.\n\n21. All persons who are parties to any contract relating to the sale of any wheat, entered into prior to the date of the commencement of these Regulations, and which has not, prior to the date of that commencement, been completed by delivery, or who, after the date of that commencement but prior to the First day of November, One thousand nine hundred and thirty-nine, enters into any contract relating to the sale of wheat, shall, within fourteen days of that commencement, or of entering into the contract, as the case may be, furnish to the Board a return in accordance with Form C in the Schedule to these Regulations.\n\nPower to enter and search for wheat\n\n22. Any member of the Police Force of the Commonwealth or of a State or Territory authorized so to do by the Board or a Committee may, at any time in the day or night, enter and search any premises or vessel, or part thereof, where any wheat acquired by the Commonwealth is or is suspected to be and, if necessary for that purpose, may break into and use force to enter such premises or vessel or part.\n\nInspection of stocks, books, &c.\n\n23. For the purposes of these Regulations, any person thereto authorized by the Board may, at all reasonable times, enter any premises and inspect any stocks of wheat or flour and any accounts, books and documents relating to any wheat or flour.\n\nProper care of Commonwealth wheat to be taken.\n\n24. Any person having any wheat 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 that wheat and to keep it free from any damage or deterioration whatsoever. \n\nDealing in wheat by Commonwealth.\n\n25. The Commonwealth may purchase any wheat and may use or sell or otherwise dispose of any wheat acquired or purchased by it as it deems necessary for securing the public safety and the defence of the Commonwealth and the Territories of the Commonwealth, for the efficient prosecution of the war, or for maintaining supplies and services essential to the life of the community.\n\nPowers of Board.\n\n26. On behalf of the Commonwealth and subject to any directions of the Minister, the Board may—\n\n(a) purchase any wheat;\n\n(b) sell or dispose of any wheat acquired or purchased by the Commonwealth;\n\n(c) grist or arrange for the gristing of any wheat into flour and sell or otherwise dispose of that flour;\n\n(d) manage and control all matters connected with the handling, storage, protection, treatment, transfer or shipment of any wheat acquired by the Commonwealth or of any wheat or flour sold or disposed of by the Commonwealth or by the Board on behalf of the Commonwealth; and\n\n(e) do all matters which it is required by these Regulations to do or which are necessary or convenient for giving effect to these Regulations.\n\nFinance.\n\n27. —(1.) The Board shall open and maintain an account at the Commonwealth Bank of Australia into which it shall pay all moneys received in respect of sales of wheat or wheat products or otherwise, and any moneys appropriated by the Parliament or borrowed by the Minister for use by the Board on behalf of the Commonwealth.\n\n(2.) Out of the moneys standing to the credit of the account the Board 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.\n\n(3.) The accounts of the Board shall be subject to audit by the Auditor-General.\n\nArrangement with Commonwealth Bank for advances.\n\n28. The Minister may arrange with the Commonwealth Bank of Australia for the making by that Bank of advances to the Commonwealth for use on its behalf by the Board for the purposes of these Regulations, and may guarantee to that Bank the re-payment, out of moneys lawfully made available by the Parliament, of any advance made by the Bank in pursuance of the arrangement.\n\nFalse returns.\n\n29. Any person who furnishes any return required to be furnished by these Regulations which is false in any particular shall be guilty of an offence against the National Security Act 1939.\n\nApplication of Acts Interpretation Act 1901-1937, s. 29.\n\n30\\. Section twenty-nine of the Acts Interpretation Act 1901-1937 shall apply to any reference in these Regulations to the receipt of any notice as if that reference were to the giving of any notice. \n\nTHE SCHEDULE.\n\nForm A.\n\nRegn. 15.\n\nWHEAT ACQUISITION REGULATIONS.\n\nReturn showing particulars of Wheat Stocks as at\n\nName of person submitting Return\n\nAddress\n\nState of\n\n```html\n

(1)

Bagged Wheat—held or in transit—

(Quantity in Bushels (Ingoing weights).

—

F.A.Q.

Premium.

Dockage.

Total.

Where Stored.

Freight to convert to Seaboard basis.

(a) as Owner ..

(b) on Storage ..

(2)

Bulk Wheat and/or Bulk Wheat Warrants—

Warrant Nos.

Quantity in Bushels.

Location of Wheat.

F.A.Q.

Premium

Dockage.

Total.

\n```\n\nI declare that, to the best of my knowledge\n\nand belief, the information given in this Return is true and correct in every particular.\n\nDate Signature\n\n(To be furnished to the Australian Wheat Board within fourteen days of the publication in the Gazette of an order acquiring the wheat.) \n\nForm B.\n\nRegn. 19.\n\nWHEAT ACQUISITION REGULATIONS.\n\nClaim for Compensation with Respect to Wheat Delivered or Consigned in Accordance with Regulation.\n\nSubmitted by:—\n\nName\n\nAddress\n\n```html\n

\"\"Name of Person from whom wheat, the subject of the claim, was acquired by the Commonwealth

................................

Address.........................

...............................

\"\"Quantity of wheat in which right or interest is claimed

Bagged....................Bushels.

Bulk......................Bushels.

\"\"Quality of wheat in which right or interest is claimed

F.A.Q.....................Bushels.

Premium...................Bushels.

Dockage...................Bushels.

\"\"Name and address of licensed agent to whom the wheat has been delivered or consigned

................................

Date of delivery or consignment .........

Licensed Agent’s Receipt No...........

................................

................................

Particulars of right or interest on which claim is based

\"\"

................................

................................

................................

................................

\n```\n\nI declare that, to the best of my knowledge\n\nand belief, the information given in this Return is true and correct in every particular.\n\nDate Signature\n\nForm C.\n\nRegn. 20\n\nWHEAT ACQUISITION REGULATIONS.\n\nReturn of Uncompleted Contracts entered into prior to 21st September, 1939, and all contracts entered into on or after 21st September, 1939, but prior to 1st November, 1939, for Sales of Wheat\n\nSubmitted by:—\n\nName\n\nAddress\n\n```html\n

Date of Contract.

Other Party to Contract.

Quantity of Wheat Involved in Contract.

Quantity Delivered under Terms of Contract.

Price per Bushel as per Contract.

Conditions of Delivery.

Name.

Address.

(Bushels).

(Bushels).

\n```\n\nI declare that, to the best of my knowledge\n\nand belief, the information given in this Return is true and correct in every particular.\n\nDate Signature\n\n(To be furnished to the Australian Wheat Board within fourteen days of the date of commencement of the Wheat Acquisition Regulations (21st September, 1939), or within fourteen days of entering into the contract, as the case may be).\n\nBy Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":false,"description":"The instrument itself contains no indication it alters a prior stated scope. It clearly confines acquisition to wheat described in Gazette orders for stated public safety, defence, war prosecution or essential supply reasons (reg. 14) and sets out machinery for administration, compensation and enforcement consistent with that stated purpose."},"complexity_factors":["Broad ministerial discretion to declare acquisition of wheat by Gazette order (reg. 14) and to determine compensation (reg. 19).","Multiple governance layers and appointment powers: Australian Wheat Board, State Committees, Executive Committee, deputies and ministerial appointments (rr. 3, 7, 5, 10).","Conversion of private property interests into compensation claims and voiding of pre‑existing sale contracts (rr. 14, 20), which alters ordinary property and contract rights.","Compulsory reporting and short statutory timeframes (returns within 14 days for stocks and contracts) creating operational compliance burden (rr. 15, 21).","Powers to require delivery to licensed agents and restrictions on private dealing in acquired wheat (rr. 16, 17, 18), concentrating control with licensed agents and the Board.","Robust enforcement powers including entry, search and use of force to access premises or vessels (reg. 22) and inspection of books and stocks (reg. 23).","Criminal sanction for false returns under the National Security Act (reg. 29), raising legal risk for submitters.","Dedicated finance and credit arrangements with the Commonwealth Bank, account auditing and appropriation mechanisms (rr. 27–28), involving public funds and guarantees.","Administrative features affecting personnel and liability: officers outside the Commonwealth Public Service (reg. 9(2)), indemnity for Board members (reg. 8), and fee/remuneration setting by Minister or Governor‑General (rr. 13, 9(4)).","Discretionary delegation and internal directions (Board may delegate to an Executive Committee, and Committees act subject to Board directions) which create layered operational discretion (rr. 7, 10(3))."],"plain_english_summary":"These Regulations set up an Australian Wheat Board and State Committees and give the Minister power to declare specified wheat acquired by the Commonwealth by Gazette order. Ownership of declared wheat becomes Commonwealth property and affected persons must report stocks, deliver that wheat to licensed agents, and file claims for compensation.\n\nThe Board may manage, sell or process acquired wheat; compensation is paid as the Minister (on the Board’s recommendation) determines. The Commonwealth funds compensation and Board operations; compliance duties and enforcement risks fall on wheat owners, agents and merchants."},"kimi_summary":{"_metrics":{"model":"kimi-k2.5","source":"moonshot-realtime","completionTokens":1957},"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"These regulations establish the original wartime wheat acquisition scheme. The scope remains confined to the initial purpose of securing wheat supplies for defense and public safety through compulsory acquisition, centralized marketing, and voiding of private sale contracts."},"complexity_factors":["Establishes dual governance structure (Australian Wheat Board plus six separate State Committees) with specific representative quotas for different industry groups","Cross-references to four separate Commonwealth Acts including National Security Act 1939, Acts Interpretation Act, and Public Service Act","Conditional provisions for deputy appointments, temporary chairmanships, and quorum requirements that vary between Board and Committee meetings","State-specific variations in Committee composition (e.g., Queensland represented by State Wheat Board, South Australia by Farmers' Co-operative Union)","Mandatory technical reporting forms requiring classification of wheat by F.A.Q., Premium, and Dockage categories","Provisions converting proprietary interests into statutory compensation claims with deferred payment mechanisms"],"plain_english_summary":"These regulations give the Australian Government wartime powers to take control of the entire wheat supply and create an Australian Wheat Board — a government‑led body to centrally buy, sell and ship wheat. The Minister can declare wheat Commonwealth property, void existing sales and mortgages, and mandate delivery to government agents.\n\nIt affects wheat growers, merchants, millers, lenders and storage operators, sets compensation claims to be decided later, and authorises searches, seizures and state committees to enforce and coordinate operations."}},"importantCases":[],"_links":{"self":"/api/acts/wheat-acquisition-regulations","history":"/api/acts/wheat-acquisition-regulations/history","analysis":"/api/acts/wheat-acquisition-regulations/analysis","conflicts":"/api/acts/wheat-acquisition-regulations/conflicts","importantCases":"/api/acts/wheat-acquisition-regulations/important-cases","documents":"/api/acts/wheat-acquisition-regulations/documents"}}