An Act relating to certain Commercial Activities carried on by the Commonwealth in time of War.
[Assented to 3rd September, 1919.]
Preamble.
WHEREAS during the existence of the war with Germany and for the purpose of the more effectual prosecution of the war it became and was, in the opinion of the Governor-General, necessary and expedient to enter into certain arrangements for dealing with the dairy produce, wool, and sheepskins produced in Australia during the war and for a period thereafter, and for encouraging the production of flax in Australia:
And whereas it was also necessary and expedient, for the purpose of the more effectual prosecution of the war, to control the supply and price of sugar and dairy produce to the people of the Commonwealth:
And whereas in order to provide for carrying out and completing the said arrangements, and the said control of the supply and price of sugar and dairy produce, the following Regulations, namely:—
The War Precautions (Dairy Produce Pool) Regulations;
The War Precautions (Wool) Regulations;
The War Precautions (Sheepskins) Regulations;
The War Precautions (Flax) Regulations; and
War Precautions Regulation 49e,
were duly made under the War Precautions Act 1914–1916, orders were made under the War Precautions (Prices) Regulations fixing the maximum prices of dairy produce, and the following agreements, namely:—
An agreement for the sale to the Imperial Government of the exportable surplus of dairy produce produced in Australia during the period terminating on the thirty-first day of August, One thousand nine hundred and twenty;
An agreement for the sale to the Imperial Government of the wool produced in Australia during the period terminating on the thirtieth day of June, One thousand nine hundred and twenty, after making provision for certain manufactures in the Commonwealth;
An agreement with the Government of the State of Queensland for the acquisition by the Commonwealth of the raw sugar produced in the State of Queensland during the seasons of One thousand nine hundred and eighteen and One thousand nine hundred and nineteen;
Agreements with certain refining companies for the refining of the raw sugar so acquired; and
An agreement for the sale to the Imperial Government of the flax produced in Australia during the period terminating on the thirty-first day of December One thousand nine hundred and twenty,
were duly made:
And whereas by the War Precautions Act 1918 the operation of the War Precautions Act 1914–1916 was limited to the longer of the following periods, namely, the period of three months after the then existing state of war, and the period ending on the thirty-first clay of July, One thousand nine hundred and nineteen:
And whereas the conditions brought about by the war are still operating, and render it necessary to further control the supply and price of sugar and dairy produce to the people of the Commonwealth, and to provide for the effective carrying out of the purposes of the arrangements hereinbefore referred to:
And whereas it is necessary, for the purposes hereinbefore referred to, that the provisions of the following regulations, namely:—
The War Precautions (Dairy Produce Pool) Regulations;
The War Precautions (Wool) Regulations;
The War Precautions (Sheepskins) Regulations; and
The War Precautions (Flax) Regulations;
and, in so far as the prices of dairy produce are concerned, the War Precautions (Prices) Regulations, should continue to have the force of law, and that provision should be made for the continued fixation of the price of sugar, for certain limited periods:
And whereas by reason of the shortage of shipping occasioned by the war and the difficulties of transporting and marketing wheat grown in the Commonwealth it was necessary for the Government of the Commonwealth, in conjunction with the Governments of the States of New South Wales, Victoria, South Australia, and Western Australia, to enter into a scheme for the transportation and marketing of the Wheat Harvests of those States during the seasons 1915–1916, 1916–1917, 1917–1918, 1918–1919, and 1919–1920:
And whereas it is necessary and expedient that in order to finance the scheme, so far as it relates to the Australian Wheat Harvests during the seasons 1918–1919 and 1919–1920, the Commonwealth should enter into, give and make certain agreements, guarantees and arrangements, and should grant financial assistance to certain States:
Be it therefore enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—
Part I.—Preliminary.
Short title.
This Act may be cited as the Commercial Activities Act 1919.
Parts.
This Act is divided into Parts, as follows:—
Part I.—Preliminary.
Part II.—Dairy Produce.
Part III.—Wool.
Part IV.—Sugar.
Part V.—Flax.
Part VI.—Wheat.
Part VII.—Miscellaneous.
Definitions.
In this Act, unless the contrary intention appears—
“Dairy Produce” means butter and cheese;
“State Wool Committee” means a State Committee constituted under the War Precautions (Wool) Regulations;
“The Central Wool Committee” means the Central Committee constituted under the War Precautions (Wool) Regulations;
“The Dairy Produce Committee” means the Commonwealth Dairy Produce Pool Committee constituted under the War Precautions (Dairy Produce Pool) Regulations;
“The Flax Committee” means the Commonwealth Flax Industry Committee constituted under the War Precautious (Flax) Regulations;
“the prescribed date” means—
in the Part of this Act relating to dairy produce, the thirty-first day of August, One thousand nine hundred and twenty;
in the Part of this Act relating to wool, the thirtieth day of June, One thousand nine hundred and twenty;
in the Part of this Act relating to sugar, the thirtieth day of September, One thousand nine hundred and twenty; and
in the Part of this Act relating to flax, the thirty-first day of December, One thousand nine hundred and twenty;
“the War Precautions (Dairy Produce Pool) Regulations” means the Regulations set forth in the First Schedule to this Act, being Statutory Rules 1918, No. 278, as amended by Statutory Rules 1918, No. 316, and by Statutory Rules 1919, No. 31;
“the War Precautions (Flax) Regulations” means the Regulations set forth in the Fifth Schedule to this Act, being Statutory Rules 1918, No. 80, as amended by Statutory Rules 1918, No. 243, and by Statutory Rules 1919, No. 174;
“the War Precautions. (Prices) Regulations” means the Regulations made by Statutory Rules 1916, No. 155, as amended by the following Statutory Rules, namely:—Statutory Rules 1916, Nos. 188 and 286; Statutory Rules 1917, Nos. 2, 5 and 224; Statutory Rules 1918, Nos. 19, 59, 105, 130, 205, 233, 236, 279 and 295; and Statutory Rules 1919, No. 12;
“the War Precautions (Sheepskins) Regulations” means the Regulations set forth in the Third Schedule to this Act, being Statutory Rules 1916, No. 321, as amended by Statutory Rules 1917, Nos. 42, 53, 72, 78, 145 and 232; and by Statutory Rules 1918, Nos. 58 and 138;
“the War Precautious (Wool) Regulations” means the Regulations set forth in the Second Schedule to this Act, being Statutory Rules 1916, No. 322, as amended by Statutory Rules 1917, Nos. 41, 52, 71, 146, 231 and 303; by Statutory Rules 1918, Nos. 18, 25, 46, 137; and by Statutory Rules 1919, No. 170; and
“War Precautions Regulation 49e” means the Regulation set forth in the Fourth Schedule to this Act, being so much of Statutory Rules 1916, No. 11, as has not been repealed at the commencement of this Act.
Part II.—Dairy Produce.
Continuance of War Precautions (Dairy Produce Pool) Regulations.
4.—(1.) Subject to this section, the War Precautions (Dairy Produce Pool) Regulations shall continue in force until the prescribed date, and shall, during such continuance, have the force of law.
(2.) During the continuance of the War Precautions (Dairy Produce Pool) Regulations, the Governor-General may make regulations, not inconsistent with this Act, prescribing all matters which are necessary or convenient to be prescribed for carrying out
or giving effect to this Act, and in particular for repealing altering or adding to any of the War Precautions (Dairy Produce Pool) Regulations.
(3.) After the prescribed date the Dairy Produce Committee may continue to exercise such powers as are specified in the War Precautions (Dairy Produce Pool) Regulations, or in any Regulations made in pursuance of this section, but only so far as may be necessary for the purpose of completing transactions matters and things in relation to the operations of the Committee which have not been completed by the prescribed date, and of winding up the operations of the Committee.
Continuance of War Precautions (Prices) Regulations.
5.—(1.) The War Precautions (Prices) Regulations shall, for the purposes of this Part, continue in force until the prescribed date, and shall during such continuance have the force of law.
(2.) Section four sub-section (2.), and section thirteen, of this Act shall apply in relation to the War Precautions (Prices) Regulations in like manner as they apply in relation to the War Precautions (Dairy Produce Pool) Regulations.
Part III.—Wool.
Continuance of War Precautions (Wool) Regulations and War Precautions (Sheepskins) Regulations.
6.—(1.) Subject to this section, the War Precautions (Wool) Regulations and the War Precautions (Sheepskins) Regulations shall severally continue in force until the prescribed date, and shall, during such continuance, have the force of law.
(2.) During the continuance of the War Precautions (Wool) Regulations and the War Precautions (Sheepskins) Regulations, the Governor-General may make regulations, not inconsistent with this Act, prescribing all matters which are necessary or convenient to be prescribed for carrying out or giving effect to this Act, and in particular for repealing altering or adding to any of the War Precautions (Wool) Regulations and War Precautions (Sheepskins) Regulations.
(3.) After the prescribed date the Central Wool Committee and each State Wool Committee may continue to exercise such powers as are specified in the War Precautions (Wool) Regulations and the War Precautions (Sheepskins) Regulations, or in any Regulations made in pursuance of this section, but only so far as may be necessary for the purpose of completing transactions matters and things in relation to the operations of those Committees which have not been completed by the prescribed date, and of winding up the operations of those Committees.
Part IV.—Sugar.
Price of sugar.
7.—(1.) Any person who, without the consent in writing of the Treasurer, sells, or offers for sale, at any time before the prescribed date, any sugar” of the grade known as 1A, at a greater price per pound than the prescribed price, shall be guilty of an offence.
(2.) The Governor-General may make regulations fixing the prescribed price at which sugar may be sold at any time before the prescribed date.
(3.) Until any regulation is made in pursuance of this section, the prescribed price of sugar of the grade known as 1A shall be threepence half-penny per pound, plus such sum as represents the cost incurred by the vendor in respect of the delivery of the sugar to him.
Part V.—Flax.
Continuance of War Precautions (Flax) Regulations.
8.—(1.) Subject to this section, the War Precautions (Flax) Regulations shall continue in force until the prescribed date, and shall, during such continuance, have the force of law.
(2.) During the continuance of the War Precautions (Flax) Regulations, the Governor-General may make regulations, not inconsistent with this Act, prescribing all matters which are necessary or convenient to be prescribed for carrying out or giving effect to this Act, and in particular for repealing altering or adding to any of the War Precautions (Flax) Regulations.
(3.) After the prescribed date the Flax Committee may continue to exercise such powers as are specified in the War Precautions (Flax) Regulations, or in any regulations made in pursuance of this section, but only so far as may be necessary for the purpose of completing transactions matters and things in relation to the operations of the Committee which have not been completed by the prescribed date, and of winding up the operations of the Committee.
Part VI.—Wheat.
Definition of “The Scheme.”
In this Part “The Scheme” means the scheme entered into by the Governments of the Commonwealth and of the States of New South Wales, Victoria, South Australia, and Western Australia (in this Part referred to as “the States”) for the transportation and marketing of the Australian Wheat Harvests 1915–1920 (under War Conditions) and known as “The Government Scheme for Transportation and Marketing of the Australian Wheat Harvests 1915–1920 (under War Conditions).”
Agreements with and guarantees to Banking Corporations.
The Prime Minister may on behalf of the Commonwealth—
(a) enter, in conjunction with representatives of the Governments of the States, into an agreement with Banking Corporations carrying on business in Australia for providing for the financial requirements of the States to enable them to operate the scheme so far as it relates to the Australian Wheat Harvests 1918–1919 and 1919–1920 respectively; and
(b) give to those Banking Corporations a guarantee that the Government of each of those States will repay to each Bank the advances made by the Bank to it under the agreements.
Liability for advances made to growers.
The Prime Minister may, on behalf of the Commonwealth, arrange with representatives of the Governments of the States for the undertaking by the Commonwealth of a proportion of the liability in respect of advances made at the request of or by arrangement with the Government of the Commonwealth to growers of wheat under the scheme so far as it relates to the Australian Wheat Harvests 1917–1918, 1918–1919, and 1919–1920.
Agreements, &c., made before commencement of Act.
Any agreement, guarantee, or arrangement entered into, given, or made, or purporting to have been entered into, given, or made by the Prime Minister, on behalf of the Commonwealth, before the commencement of this Act, for any of the purposes specified in either of the last two preceding sections, shall be deemed to have been entered into, given or made in pursuance of this Act.
Part VII.—Miscellaneous.
Offences and procedure.
13.—(1.) Any person who contravenes, or fails to comply with, any provision of this Act, or of any regulation contained in any of the Schedules to this Act, or of any regulation made in pursuance of this Act, shall be guilty of an offence against this Act.
Penalty: One hundred pounds, or imprisonment for six months, or both.
(2.) An offence against this Act shall not be prosecuted without the written consent of the Attorney-General or a person authorized in writing by the Attorney-General.
(3.) For the purpose of the trial of a person for an offence against this Act, the offence shall be deemed to have been committed either at the place in which it actually was committed or at any place in which the person is.
Effect of expiration of regulations.
14.—The expiration of any of the regulations contained in any of the Schedules to this Act, or of any regulation made in pursuance of this Act, or of the War Precautions (Prices) Regulations, shall not—
(a) affect any right, privilege, obligation, or liability acquired, accrued or incurred under any such regulation; or
(b) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against any such regulation; or
(c) affect any investigation, legal proceeding, or remedy in respect of any such right, privilege, obligation, liability penalty, forfeiture or punishment, as aforesaid;
and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed, as if the regulation had not expired.
THE SCHEDULES.
The First Schedule.
The War Precautions (Dairy Produce Pool) Regulations.
Short title.
These Regulations may be cited as the War Precautions (Dairy Produce Pool) Regulations 1918.
Definitions.
2.—(1.) In these Regulations, unless the contrary intention appears—
Amended by Statutory Rules 1919, No. 31.
“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.
(2.) In Regulations 28 to 37 of these Regulations, unless the contrary intention appears—
“Butter Factory” means a factory registered on the books of the Federal Butter Committee of Australia;
“Milled Butter” means milled butter produced in the year ending 30th June, 1918, and placed in the Imperial Government Contract;
“Person” includes firm or company;
“Recorded owner” means a person, firm, or company, who has purchased from a factory or its agents, all that particular factory’s right, title, and interest in certain quantities of butter for export to London.
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.
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.
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.
The First Schedule—continued.
The War Precautions (Dairy Produce Pool) Regulations—continued.
(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.
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 wit., regulations.
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—
Amended by Statutory Rules 1918, No. 316.
(a) such small manufacturers as it thinks fit; and
(b) sales of butter and cheese direct to suppliers.
Existing contracts voidable.
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.—(1.) It shall be the duty of the Committee—
Amended by Statutory Rules 1918, No. 316.
(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 insure—
(i) that all butter and cheese acquired in pursuance of these Regulations is paid for at a price not exceeding the proclaimed price;
The First Schedule—continued.
The War Precautions (Dairy Produce Pool) Regulations—continued.
(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.
(2.) For the purposes of this regulation a sale of butter and cheese for oversea ships’ stores shall be deemed to be a sale for export.
Storage warrant.
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.
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.
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.
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 recognised 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 recognised 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.
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.
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.
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.
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.
Amended by Statutory Rules 1918, No. 316.
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
The First Schedule—continued.
The War Precautions (Dairy Produce Pool) Regulations—continued.
date, and may also, by notice published in the Gazette, or served on merchants, agents, cold store proprietors, and others, require any merchants, agents, cold store proprietors, and others to furnish such returns relating to butter and/or cheese as may be deemed necessary by the Committee.
(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.
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.
The accounts of the Committee shall be audited from time to time, by the Auditor-General or a person appointed by him.
Functions of Federal Butter Committee of Australia vested in the Committee.
Inserted by Statutory Rules 1919, No. 31.
All the powers and functions of the Federal Butter Committee of Australia constituted on the 26th day of July, 1917, for the purpose of arranging and controlling the sale of the surplus butter of the Commonwealth shall on and from the commencement of, and subject to regulations 28 to 37 of these Regulations, be vested in and exercisable by the Committee.
Moneys of Federal Butter Committee vested in Committee.
Inserted by Statutory Rules 1919, No. 31.
All moneys in the possession or standing to the credit of, or due and payable to the Federal Butter Committee of Australia, shall be vested in or payable to the Committee.
Moneys vested in Federal Butter Committee, how dealt with.
Moneys vested in or paid to the Committee in pursuance of the last preceding regulation shall be dealt with in the following manner:—
(a) the outstanding debts and liabilities (if any) of the Federal Butter Committee of Australia shall be paid;
Inserted by Statutory Rules 1919, No. 31.
(b) the balance (if any) after payment of the debts and liabilities mentioned in the last preceding paragraph shall be distributed to the butter factories and producers in the States of New South Wales, Victoria, Queensland, South Australia, and Tasmania in the manner provided in regulations 31 to 37 of these Regulations.
Distribution of balance of amount retained for expenses.
Inserted by Statutory Rules 1919, No. 31.
The unexpended portion of the amount of three and one-half per cent, retained out of the original purchase money for the purpose of paying freezing charges, insurance and administration charges; and the unexpended portion of the amount retained to defray the cost of removing the butter from the Government Store to the ship’s side shall be distributed among the persons, firms or companies who sold butter to the Imperial Government through the Federal Butter Committee of Australia, the amount payable to any person, firm, or company being proportionate to the quantity of butter so sold by the person, firm, or company.
Distribution of profits.
Inserted by Statutory Rules 1919, No. 31.
The amount received from the Imperial Government, being portion of the profit made on the resale in Great Britain of Australian butter for the season 1917–18, shall, subject to regulations 28 to 37 of these Regulations, be distributed to—
(a) the butter factories in New South Wales, Victoria, Queensland, South Australia, and Tasmania; and
(b) other butter producers in those States who sold milled butter, produced in the year ending 30th June, 1918, to the Imperial Government through the Federal Butter Committee of Australia.
The First Schedule—continued.
The War Precautions (Dairy Produce Pool) Regulations—continued.
How distribution of profits to be determined.
The amount to be paid under the last preceding regulation to each butter factory or producer shall subject to regulations 28 to 37 of these Regulations be determined by the proportion produced or sold by the factory or producer of the total quantity of butter produced or sold during the year ending 30th June, 1918, by the factories and producers mentioned in that regulation:
Inserted by Statutory Rules 1919, No. 31.
Provided that where butter has been sold by a butter factory or its agent for export to Great Britain, and the purchaser is recorded in the books of the Federal Butter Committee of Australia as the owner, the amount which would but for such sale have been paid to the factory in respect of the butter so sold, shall be paid to the purchaser, and the factory shall be entitled to receive only an amount proportionate to the quantity of butter it has produced in excess of the quantity so sold.
Settlement of disputes between factories and purchasers for export.
34.—(1.) Where butter has been sold by a butter factory to a purchaser for export to Great Britain and the amount which would but for such sale have been paid to the butter factory is to be paid in accordance with the proviso to the last preceding regulation, the Committee shall cause notices to be posted to the butter factory and the purchaser specifying the amounts respectively payable to the butter factory and purchaser.
Inserted by Statutory Rules 1919, No. 31.
(2.) In the event of any factory or purchaser (in this regulation referred to as “the claimant”) being dissatisfied with the amount to which it or he is declared to be entitled by any notice in pursuance of the last preceding sub-regulation, the claimant may, within fourteen days of the date of the notice, forward to the Committee a notice to that effect and nominating a person to act on his behalf as arbitrator.
(3.) Upon receipt of a notice from a claimant in pursuance of the last preceding sub-regulation, the Committee shall forthwith notify the other person concerned (in this regulation referred to as “the respondent”), and the respondent shall within seven days of being so notified forward to the Committee a notice—
(a) that he admits the contention of the claimant; or
(b) that he does not admit the contention of the claimant and nominating a person to act on his behalf as arbitrator.
(4.) If the respondent fails to forward to the Committee a notice in pursuance of the last preceding sub-regulation, the arbitrator nominated by the claimant may proceed to consider the matter, and his decision thereon shall be final.
(5.) If two arbitrators nominated under this regulation agree, their decision shall be final, and if they do not agree within such time as is fixed by the Committee, they shall appoint a person to be umpire, and his decision shall be final.
(6.) The person against whom the decision is given shall pay the costs of the arbitration, and the Committee may deduct the amount of the costs from the amount (if any) due under regulations 28 to 37 of these Regulations to the person who is liable to pay the costs.
Sales overseas other than through the Federal Butter Committee.
Inserted by Statutory Rules 1919, No. 31.
Where a factory or producer (in this regulation referred to as “the exporter”) which or who is entitled to receive any payment from the Committee in pursuance of regulations 28 to 37 of these Regulations has sold butter to an overseas purchaser other than the Imperial Government and the sale was not effected through the Federal Butter Committee of Australia, the amounts payable under regulations 28 to 37 of these Regulations to the exporter and to the other factories and producers shall be determined as follows:—
(a) to the amount available for distribution under regulation 32 of these Regulations there shall be added the amount received by the exporter in respect of the butter so sold in excess of the price at which butter was supplied by the Federal Butter Committee of Australia under contract to the Imperial Government at the time the sale was effected;
(b) the total amount ascertained as provided in the last preceding paragraph shall then be divided on the proportionate basis specified in regulation 33 of these Regulations and from the share, so ascertained, of the exporter, there shall be deducted the amount which was added in accordance with the last preceding paragraph to the amount available for distribution.
Payment of amounts in respect of milled butter.
Inserted by Statutory Rules 1919, No. 31.
The amount payable under regulations 28 to 37 of these Regulations in respect of milled butter shall be paid to the shipper shown in the books of the Federal Butter Committee of Australia as the recorded owner of such milled butter.
Decision of Committee final.
Inserted by Statutory Rules 1919, No. 31.
Except as provided in regulation 34 of these Regulations, the decision of the Committee on any matter arising under regulations 28 to 36 of these Regulations shall be final.
The First Schedule—continued.
The Schedule.
Commonwealth of Australia.
The War Precautions (Dairy Produce Pool) Regulations.
Declaration by Officers under Regulation 7.
I, of being appointed under the above-named 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.
THE SECOND SCHEDULE.
The War Precautions (Wool) Regulations.
Short title and commencement.
(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.
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.
(1) The Central Committee shall consist of a Chairman and of eight members, viz.:—
Amended by Statutory Rules 1919, No. 170.
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.
State Committee.
(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.
Amended by Statutory Rules 1918, No. 137.
The Central Committee shall have the control of the administration of these Regulations subject to the directions of the Prime Minister and shall for the purposes of these Regulations have power to employ such staff on such terms as it thinks fit.
State Committee to comply with instructions of Central Committee.
The State Committees shall comply strictly with all instructions issued to them by the Central Committee.
State Committee to forward reports to Central Committee.
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.
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.
The Second Schedule—continued.
The War Precautions (Wool) Regulations—continued.
Member of Central Committee may attend meeting of State Committee.
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.
(1) No person shall sell any wool or tops except through or to or with the consent of the Central Wool Committee or otherwise in accordance with these Regulations.
Amended by Statutory Rules 1917, No. 71 and by 1918, No. 18
(2) The consent of the Central Wool Committee under this Regulation may be evidenced by a certificate to that effect under the hand of the Chairman of the Central Wool Committee.
Existing contracts for sale of wool or tops voidable.
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.
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.
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.
Prime Minister may require returns to be furnished.
13a. (1) The Prime Minister may, upon the recommendation of the Central Committee, by notice in the Gazette, require any person, firm, or company, holding, or having under his or its control, stocks of wool to furnish to the Central Committee, such returns, within such times, as are specified by him.
Inserted by Statutory Rules 1917, No. 146.
(2) Any person, firm, or company, who or which refuses or fails to furnish to the Central Committee, within such time as is specified by the Prime Minister, any return which he or it is required, in pursuance of this regulation, to furnish, shall be guilty of an offence.
Prime Minister may require wool to be made available for appraisement.
13b.—(1) The Prime Minister may upon the recommendation of the Central Committee, by notice in the Gazette, require any person, firm, or company holding or having under his or its control stocks of wool which have not been appraised under these Regulations to make available, within the time specified in the notice, those stocks of wool for appraisement.
Inserted by Statutory Rules 1918, No. 137.
(2) Any person, firm, or company who or which refuses or fails to make available within the time specified in the notice the whole or any part of such stocks of wool for appraisement, shall be guilty of an offence.
Appointment of appraisers.
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.
(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.
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:
The Second Schedule—continued.
The War Precautions (Wool) Regulations—continued.
(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.
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.
Agreement as to conditions of allotment, &c.
Inserted by Statutory Rules 1918, No. 137.
17a.—(1) Subject to the approval of the Central Committee, the methods and conditions to be observed in the allotment of wool for appraisement and in the weighing, sampling, displaying and counter-marking of wool so allotted and in all other matters appertaining thereto, shall be such methods and conditions as are agreed to by not less than seventy-five per centum of the Companies or Firms registered by the Central Committee as Appraisement Companies or Firms and representing not less than seventy-five per centum of the wool production of the Commonwealth.
(2) A certificate under the hand of the Chairman of the Central Committee that the methods and conditions specified in the certificate are the methods and conditions relating to the allotment of wool for appraisement and to the weighing, sampling, displaying and counter-marking of wool so allotted and to all other matters appertaining to wool so allotted which have been agreed to by not less than seventy-five per centum of the companies or firms registered by the Central Committee as appraisement companies or firms and representing not less than seventy-five per centum of the wool production of the Commonwealth and have received the approval of the Central Committee, shall be primâ facie evidence of the contents thereof.
(3) Any company or firm registered by the Central Committee as an appraisement company or firm which, upon receipt of a certificate in accordance with the last preceding sub-regulation, refuses or fails to observe the methods and conditions specified therein, shall be guilty of an offence.
Declarations of selling broker and appraiser.
(1) Each wool-selling broker shall, before he sells any wool or tops, sign a declaration in accordance with Form A in the Schedule.
(1a) Each wool-selling broker shall, before he sells any wool or tops, enter into a bond in accordance with Form D in the Schedule.
Amended by Statutory Rules 1917, No. 231.
(1b) Where a company is appointed a wool-selling broker, the declaration and bond required under this regulation shall be executed by or on behalf of the company in the same manner as legal documents are executed within the Commonwealth by or on behalf of the company.
(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 and the bond 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.
Wool appraiser not to act as correspondent for newspaper.
Inserted by Statutory Rules 1917, No. 231.
18a. A wool-appraiser shall not act, without the consent of the Chairman of the Central Wool Committee, as a correspondent for any newspaper, magazine, review, or journal.
Payment of appraisers.
Amended by Statutory Rules 1918, No. 137.
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 other than appraisers who are appointed at a salary by the Central Committee, shall
The Second Schedule—continued.
The War Precautions (Wool) Regulations—continued.
charge and be paid a remuneration the basis of which shall be 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.
Amended by Statutory Rules 1917, Nos. 41 and 52.
The existing selling brokers in each State, or in any place in which there are no wool-selling brokers, each broker thereto authorized in writing by the Prime Minister, 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.
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.
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.
Breach of duty by appraisers or wool-selling brokers.
Inserted by Statutory Rules 1917, No. 41.
22a. Any appraiser or wool-selling broker who is guilty of a breach of any duty, or of negligence or carelessness in the discharge of any duty, imposed upon him by these Regulations shall be guilty of an offence.
Declaration by Officer.
Inserted by Statutory Rules 1917, No 71.
22b. (1) Every officer shall forthwith or before acting in the execution of his office make the declaration in accordance with Form C in the Schedule.
(2) For the purposes of this Regulation “officer” means any person (other than a wool-selling broker or wool appraiser) employed by the Central Wool Committee or a State Wool Committee.
Allotment of space by Central Committee.
(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.
The general policy to be observed in the administration of these Regulations shall be equality of treatment.
Appointment of arbitrator.
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.
Power to inspect books and documents.
Inserted by Statutory Rules 1917, No. 231; amended by Statutory Rules 1917, No. 303.
25a. (1) The Chairman of the Central Wool Committee shall for the purposes of carrying out these Regulations have power to authorize any member of the Committee or any other person to enter any premises and inspect any documents, books or papers therein and to take extracts there from.
(2) Whoever obstructs any person in the performance of his duties under this regulation shall be guilty of an offence.
Power to enter into agreements.
Inserted by Statutory Rules 1918, No. 18; amended by Statutory Rules 1918, No. 137.
25b. The Chairman of the Central Committee, acting for and on behalf of the Committee, may enter into an agreement with any person for any purpose connected with or incidental to the carrying out of these Regulations.
Authorization of expenditure.
Inserted by Statutory Rules 1918, No. 18.
25c. All expenditure approved by the Chairman of the Central Committee, acting for and on behalf of the Committee, shall be deemed to have been duly authorized by the Committee.
The Second Schedule—continued.
The War Precautions (Wool) Regulations—continued.
Power to ask questions.
Inserted by Statutory Rules 1918, No. 25; re-numbered by Statutory Rules 1918, No. 46
25d. The Chairman of the Central Wool Committee shall, for the purpose of carrying out these Regulations, have power to authorize any member of the Committee or any other person to ask questions of any person who has, since the commencement of these Regulations, dealt in wool, and any person who refuses or fails to answer any such question or who makes a false answer to any such question, shall be guilty of an offence.
Reimbursement of Commonwealth Government.
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.
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.
Regulation 23 of the War Precautions (Supplementary) Regulations (Statutory Rules 1916, No. 300) is hereby repealed.
Amended by Statutory Rules 1917, No. 231.
The Schedule.
Form A.
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, 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 Wool-selling Broker.
Image unavailable in extracted textDeclared 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.
Amended by Statutory Rules 1917, No. 231.
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.
(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 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, and that I will not, without the consent of the Chairman of the Central Wool Committee, act as a correspondent for any newspaper, magazine, review, or journal.
Image unavailable in extracted textDeclared at this
day of , 19 *
Before me †
* Signature of appraiser.
† Signature of Justice of the Peace or Commissioner for Affidavits or Commissioner for Declarations.
The Second Schedule—continued.
The War Precautions (Wool) Regulations—continued.
Added by Statutory Rules 1917, No. 71.
Form C.
Commonwealth of Australia.
The War Precautions (Wool) Regulations 1916.
Declaration by Officer under Regulation 22b.
I, of in the State of
in the Commonwealth of Australia, do solemnly and sincerely declare that I will not divulge or communicate any matter or thing coming under my notice in the performance of my duties under the above Regulations to any person except as may be authorized by law for the purpose of carrying into effect the provisions of the War Precautions (Wool) Regulations 1916.
Image unavailable in extracted textDeclared at in the State
of this day of *
, 191
Before me †
* Signature of officer.
† Signature of Justice of the Peace or Commissioner for Affidavits or Commissioner for Declarations.
———
Added by Statutory Rules 1917, No. 231.
Form D.
Commonwealth of Australia.
War Precautions (Wool) Regulations.
Bond by Wool-selling Broker under Regulation 18.
Know all men by these presents that of in the State of
is held and firmly bound to the Central Wool Committee in the sum of One thousand pounds to be paid to the Central Wool Committee for which payment we bind ourselves by these presents.
Sealed with our seal.
Dated this day of 19 .
Whereas the said has lately been appointed
a wool-selling broker under the War Precautions (Wool) Regulations: Now the condition of the above-written bond or obligation is such that if the said shall faithfully perform and discharge to the satisfaction of the Central Wool Committee the duties and obligations which from time to time shall devolve upon in capacity as a wool-selling broker and shall in all respects comply with the above-mentioned Regulations: Then the above-written bond or obligation shall be void, otherwise the same shall remain in full force and virtue.
THE THIRD SCHEDULE.
The War Precautions (Sheepskins) Regulations.
Short title.
These Regulations may be cited as the War Precautions (Sheepskins) Regulations 1916.
Central and State Committees.
For the purposes of these Regulations there shall be a Central Committee, in these Regulations referred to as “the Central Committee,” and there shall in each State be a State Committee, in these Regulations referred to as a “State Committee.”
Committees under War Precautions (Wool)
(1) The Central Committee and the State Committees appointed for the purposes of the War Precautions (Wool) Regulations 1916 shall be deemed to have been appointed also for the purposes of these Regulations.
Regulations deemed to be appointed under these Regulations.
(2) The provisions of Regulations 5 to 9, both inclusive, of the War Precautions (Wool) Regulations shall apply to the Central Committee and each State Committee when acting for the purpose of these Regulations in like manner as they apply to those Committees when acting for the purpose of the War Precautions (Wool) Regulations.
State Committee may appoint sub-committee.
Each State Committee may, if it thinks fit, appoint a sub-committee, consisting of so many and such persons as it thinks fit, to make recommendations to it with regard to any matter required by these Regulations to be dealt with by the State Committee.
The Third Schedule—continued.
The War Precautions (Sheepskins) Regulations—continued.
Regulation of trade in sheepskins.
Amended by Statutory Rules 1917, No. 78.
The trade in sheepskins in the Commonwealth shall proceed as under normal conditions subject to the following provisions:—
(a) any owner of sheepskins shall be free to treat such sheepskins green or dry as he thinks fit;
(b) where green sheepskins have been fell mongered the resultant wool shall be subject to appraisement in accordance with the War Precautions (Wool) Regulations;
(c) where dry sheepskins have been taken over or purchased for fell mongering or any other local purpose the resultant wool shall be subject to appraisement in accordance with the War Precautions (Wool) Regulations;
(d) all other dry sheepskins shall be collected, concentrated at the usual centres, classified, and appraised in accordance with these Regulations; and such appraised prices shall be the value at which they shall be available for fell mongering or any other local purpose;
(e) the parity on which the appraisement of sheepskins shall be made under these Regulations shall be on the basis of the price or standard fixed by the Commonwealth Government on behalf of the Imperial Government for the balance of the Australian clip of greasy wool for the season 1916–1917;
(f) any surplus sheepskins not required for fell mongering or local requirements may be sold; but shall be sold only to or through or with the consent of the Commonwealth Government:
Provided that paragraphs (b) and (c) of this regulation shall not apply where the wool is, by consent of the Central Committee, by a continuous process manufactured, or in the course of manufacture, into wool tops.
Existing contracts for sale of sheepskins voidable.
Existing contracts for the sale of sheepskins shall, after investigation, be voidable upon the recommendation of the Central Committee approved by the Prime Minister.
State Committee to arrange for appraisement of prices.
It shall be the duty of each State Committee to arrange for the appraisement of the prices to be paid for each parcel of sheepskins with the lists of limits fixed by the Central Committee.
Prime Minister may require returns to be furnished.
Inserted by Statutory Rules 1917, No. 145.
7a. (1) The Prime Minister may, upon the recommendation of the Central Committee, by notice in the Gazette, require any person, firm, or company, holding, or having under his or its control, stocks of sheepskins, to furnish to the Central Committee such returns, within such times as are specified by him.
(2) Any person, firm or company, who or which refuses or fails to furnish to the Central Committee, within such time as is specified by the Prime Minister, any return which he or it is required in pursuance of this regulation to furnish shall be guilty of an offence.
Prime Minister may require sheepskins to be made available for appraisement.
7b. (1) The Prime Minister may, upon the recommendation of the Central Committee, by notice in the Gazette, require any person, firm, or company holding or having under his or its control stocks of sheepskins which have not been appraised under these Regulations, to make available, within the time specified in the notice, those stocks of sheepskins for appraisement.
Inserted by Statutory Rules 1918, No. 138.
(2) Any person, firm, or company who or which refuses or fails to make available within the time specified in the notice the whole or any part of such stocks of sheepskins for appraisement shall be guilty of an offence.
Appointment of appraisers.
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.
(1) The appraisement of each parcel of sheepskins shall be made by three sworn appraisers, one representing the selling house, on behalf of the sheepskin owner, and two representing the Commonwealth Government.
(2) The appraisers shall appraise each lot of sheepskins submitted and determine its value. Such determination shall be final and without appeal.
Duty of appraisers.
The duty of the appraisers representing the Commonwealth Government shall be—
(a) to deal with such parcels of sheepskins as are apportioned to them by the State Committee;
The Third Schedule—continued.
The War Precautions (Sheepskins) Regulations—continued.
(b) to estimate the value of each such parcel of sheepskins upon the basis prescribed by these Regulations;
(c) to examine the bulk of each parcel and make any adjustment with the sellers if necessary, as provided for by the Rules and Regulations hitherto governing the sale of sheepskins;
(d) to check invoices of the sellers and certify as to their correctness; and
(e) if required—
(i) to re-allot such parcels of sheepskins in such a way that each re-allotted parcel shall comprise sheepskins of similar character and various brands;
(ii) to supervise the removal of sheepskins from the store to the ship;
(iii) to have counter marks placed on all bales comprised in each re allotted parcel;
(iv) to make 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 seller’s invoice; and
(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 sheepskins.
The conditions under which the sheepskins 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.
Agreement as to conditions of allotment, &c.
Inserted by Statutory Rules 1918, No. 138.
11a. (1) Subject to the approval of the Central Committee, the methods and conditions to be observed in the allotment of sheepskins for appraisement and in the weighing, sampling, displaying, and countermarking of sheepskins so allotted and in all other matters appertaining thereto, shall be such methods and conditions as are agreed to by not less than 75 per centum of the companies or firms registered by the Central Committee as appraisement companies or firms and representing not less than 75 per centum of the sheepskin production of the Commonwealth.
(2) A certificate under the hand of the Chairman of the Central Committee that the methods and conditions specified in the certificate are the methods and conditions relating to the allotment of sheepskins for appraisement and to the weighing, sampling, displaying and countermarking of sheepskins so allotted and to all other matters appertaining to sheepskins so allotted which have been agreed to by not less than 75 per centum of the companies or firms registered by the Central Committee as appraisement companies or firms and representing not less than 75 per centum of the sheepskin production of the Commonwealth and have received the approval of the Central Committee, shall be primâ facie evidence of the contents thereof.
(3) Any company or firm registered by the Central Committee as an appraisement company or firm which, upon receipt of a certificate in accordance with the last preceding sub-regulation, refuses or fails to observe the methods and conditions specified therein shall be guilty of an offence.
Declarations of selling broker and appraiser.
(1) Each selling broker of sheepskins shall, before selling any sheepskins, sign a declaration in accordance with Form A in the Schedule.
Amended by Statutory Rules 1917, No. 232.
(1a.) Each selling broker of sheepskins shall, before selling any sheepskins, enter into a bond in accordance with Form D in the Schedule.
(1b) Where a company is appointed a selling broker of sheepskins the declaration and bond required under this regulation shall be executed by or on behalf of the Company in the same manner as legal documents are executed within the Commonwealth by or on behalf of the company.
(2) Each sheepskin appraiser shall, before acting under these Regulations, sign a declaration in accordance with Form B in the Schedule.
(3) If any selling broker of sheepskins—
(a) makes, in any declaration signed in pursuance of this regulation, any false statement; or
(b) sells sheepskins before he has signed the declaration and the bond prescribed by this regulation; or
The Third Schedule—continued.
The War Precautions (Sheepskins) Regulations—continued.
(c) sells sheepskins after the Prime Minister has notified him that he is not permitted to sell sheepskins,
he shall be guilty of an offence.
(4) If any sheepskin 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.
Sheepskin appraiser not to act as correspondent for newspaper.
Inserted by Statutory Rules 1917, No. 232.
12a. A sheepskin appraiser shall not act, without the consent of the Chairman of the Central Wool Committee, as a correspondent for any newspaper, magazine, review, or journal.
Payment of appraisers.
Amended by Statutory Rules 1918, No. 138.
For performing the services set forth in Regulations 9 and 10 in respect of sheepskins 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, other than appraisers who are appointed at a salary by the Central Committee, shall charge and be paid a remuneration the basis of which shall be that the total remuneration calculated upon the amount of each invoice shall not exceed the rate of 1 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.
Amended by Statutory Rules 1917, Nos. 42 and 53.
The existing selling brokers in each State or, in any place in which there are no selling brokers of sheepskins, each broker thereto authorized in writing by the Prime Minister, shall, acting under the directions of the State Committee, display sheepskins 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 person, 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 sheepskins.
The Prime Minister may at any time notify a selling broker of sheepskins, in writing, that he is not permitted to sell sheepskins, and the selling broker of sheepskins shall not, after the receipt of such a notification, sell any sheepskins.
Returns to be furnished to Central Committee by appraisers.
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.
Breach of duty by appraisers or selling brokers.
Inserted by Statutory Rules 1917, No. 42.
16a. Any appraiser or selling broker of sheepskins who is guilty of a breach of any duty, or of negligence or carelessness in the discharge of any duty, imposed upon him by these Regulations shall be guilty of an offence.
Declaration by Officer.
16b. (1) Every officer shall forthwith or before acting in the execution of his office make the declaration in accordance with Form C in the Schedule.
Inserted by Statutory Rules 1917, No. 72.
(2) For the purposes of this regulation “officer” means any person (other than a wool-selling broker or wool appraiser) employed by the Central Wool Committee or a State Wool Committee.
Allotment of space by Central Committee.
(1) The Central Committee shall, from time to time, allot to each State on an equality basis space for sheepskins as space becomes available.
(2) Such allotment of freight shall be on the basis of the quantity of sheepskins appraised in each State.
(3) Particulars of such allotment shall, from time to time, be forwarded by the Central Committee to each State Committee.
The Third Schedule—continued.
The War Precautions (Sheepskins) Regulations—continued.
General policy.
The general policy to be observed in the administration of these Regulations shall be equality of treatment.
Appointment of arbitrator.
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.
Power to inspect books and documents.
Inserted by Statutory Rules 1917, No. 232.
19a. (1) The Central Wool Committee shall, for the purpose of carrying out these Regulations, have power to authorize any member of the Committee, or any other person, to enter any premises and inspect any documents, books, or papers therein, and to take extracts therefrom.
(2) Whoever obstructs any person in the performance of his duties under this Regulation shall be guilty of an offence.
Power to enter into agreements.
Inserted by Statutory Rules 1918, No. 58; amended by Statutory Rules 1918, No. 138.
19b. The Chairman of the Central Committee, acting for and on behalf of the Committee, may enter into an agreement with any person for any purpose connected with or incidental to the carrying out of these Regulations.
Authorization of expenditure.
Inserted by Statutory Rules 1918, No. 58.
19c. All expenditure approved by the Chairman of the Central Committee, acting for and on behalf of the Committee, shall be deemed to have been duly authorized by the Committee.
Reimbursement of Commonwealth Government.
The Commonwealth Government shall be entitled to be reimbursed out of moneys received for all expenses which may be incurred in connexion with the administration of these Regulations.
Alteration or repeal of Regulations.
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.
——
Amended by Statutory Rules 1917, No. 232.
The Schedules. Form A.
Commonwealth of Australia.
The War Precautions (Sheepskins) Regulations.
Declaration by Selling Broker of Sheepskins under Regulation 12.
I,
of
being a Selling Broker of Sheepskins, 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 selling broker of sheepskins, 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 selling broker of sheepskins.
Image unavailable in extracted textDeclared at this *
day of , 19
Before me †
* Signature of Selling Broker of Sheepskins.
† Signature of Justice of the Peace or Commissioner for Affidavits or Commissioner for Declarations.
The Third Schedule—continued.
The War Precautions (Sheepskins) Regulations—continued.
Amended by Statutory Rules 1917, No. 232.
Form B.
Commonwealth of Australia.
The War Precautions (Sheepskins) Regulations.
Declaration by Appraiser under Regulation 12.
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.
(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 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, and that I will not, without the consent of the Chairman of the Central Wool Committee, act as a correspondent for any newspaper, magazine, review, or journal.
Image unavailable in extracted textDeclared at this *
day of , 19
Before me †
* Signature of Appraiser.
† Signature of Justice of the Peace or Commissioner for Affidavits or Commissioner for Declarations.
Added by Statutory Rules 1917, No. 72.
Form C.
Commonwealth of Australia.
The War Precautions (Sheepskins) Regulations 1916.
Declaration by Officer under Regulation 16b.
I, of in the State of in the Commonwealth of Australia, do solemnly and sincerely declare that I will not divulge or communicate any matter or thing coming under my notice in the performance of my duties under the above Regulations to any person except as may be authorized by law for the purpose of carrying into effect the provisions of the War Precautions (Sheepskins) Regulations 1916.
Image unavailable in extracted textDeclared at in the State of
this day of *
191
Before me †
* Signature of Officer.
† Signature of Justice of the Peace, Commissioner for Affidavits, or Commissioner for Declarations.
Added by Statutory Rules 1917, No. 232.
Form D.
Commonwealth of Australia.
War Precautions (Sheepskins) Regulations.
Bond by Selling Broker of Sheepskins under Regulation 12.
Know all men by these presents that of in the State of is held and firmly bound to the Central Wool Committee in the sum of One thousand pounds to be paid to the Central Wool Committee, for which payment we bind ourselves by these presents.
Sealed with our Seal.
Dated this day of 19 .
Whereas the said has lately been appointed a sheepskin-selling broker under the War Precautions (Sheepskins) Regulations: Now the condition of the above-written bond or obligation is such that if the said shall faithfully perform and discharge to the satisfaction of the Central Wool Committee the duties and obligations which from time to time shall devolve upon in capacity as a sheepskin-selling broker, and shall in all respects comply with the above-mentioned Regulations: Then the above-written bond or obligation shall be void, otherwise the same shall remain in full force and virtue.
THE FOURTH SCHEDULE.
War Precautions Regulation 49e.
Price of sugar.
Inserted by 1916, No. 11.
49e. Any person who, without the consent in writing of the Treasurer, sells, or offers for sale, any sugar at a greater price than three pence halfpenny per pound, plus such sum as represents the cost incurred by him in respect of the delivery of the sugar to him, shall be guilty of an offence.
THE FIFTH SCHEDULE.
The War Precautions (Flax) Regulations.
Short title.
These Regulations may be cited as the War Precautions (Flax) Regulations 1918.
Commonwealth Flax Industry Committee.
(1) For the purpose of developing and controlling the flax industry the Prime Minister may appoint a Commonwealth Flax Industry Committee (in these Regulations referred to as “the Committee”).
Amended by 1918, No. 243.
(2) The Committee shall consist of one representative to be nominated by the Commonwealth Advisory Council of Science and Industry, one representative of the flax-growers, and three agricultural experts.
(3) The nomination of any member of the Committee shall be subject to the approval of the Minister.
(4) The Minister shall appoint one of the members of the Committee to be Chairman of the Committee.
Quorum.
Amended by 1918, No. 243.
Three members of the Committee shall be sufficient to form a quorum of the Committee.
Chairman to have casting vote.
At meetings of the Committee the Chairman shall have a deliberative vote, and also, in the event of an equality of votes, a casting vote.
Executive officers of the Committee.
Amended by 1918, No. 243.
All appointments of executive officers of the Committee shall be subject to the approval of the Minister.
Powers and functions of the Committee.
In addition to the powers elsewhere in these Regulations conferred on the Committee, the powers and functions of the Committee shall, subject to the directions of the Minister, be—
Amended by 1918, No. 243, and 1919, No. 174.
(a) to collect particulars of stocks of flax seed in Australia;
(b) * * * * * * *
(c) to take steps to encourage the extension of the area of land in which flax is cultivated;
(d) to arrange for the sale and distribution of flax seed to farmers;
(e) to appraise the value of the flax crops grown during the years 1918 and 1919;
(f) to take such steps as it considers necessary to secure an adequate supply of flax seed for sowing in future seasons;
(g) to take such steps as it considers necessary for the treatment of flax and the disposal of any product thereof;
(h) to determine the quantity of flax fibre which shall be exported and the quantity which shall be retained for use in the Commonwealth;
(i) to require growers, millers, manufacturers and dealers to furnish such returns as to flax or any product or manufacture thereof as are specified by the Committee; and
(j) to carry out tests—
(i) to ascertain the productiveness and disease resistance of flax seed, and
(ii) of appliances and processes appertaining to the manufacture of flax products,
and to carry out such other tests or experimental work as is directed by the Minister.
The Fifth Schedule—continued.
The War Precautions (Flax) Regulations—continued.
Licences for sale of flax seed.
Amended by 1919, No. 174.
No person, firm or company shall sell or otherwise dispose of Australian grown flax seed for sowing purposes except in accordance with a licence granted by the Committee.
Green flax to be forwarded to Committee.
Amended by 1918, No. 243.
All green flax grown from Victorian or other approved seed during the year 1918 shall, unless the Minister otherwise directs, be forwarded to the Committee or to such persons and to such places as the Committee directs, and the Committee shall, subject to these Regulations, be authorized to purchase such flax on behalf of the Commonwealth Government.
Flax to be delivered to Committee.
Inserted by 1919, No. 174.
8a. All flax grown from Australian or other approved seed during the year 1919 shall, unless the Minister otherwise directs, be delivered unthreshed to the Committee or to such person as the Committee directs, at such place as the Committee specifies, and the Committee shall, subject to these Regulations, be authorized to purchase the flax on behalf of the Commonwealth Government.
Flax to be stacked pending delivery to Committee.
Inserted by 1919, No. 174.
8b. (1) Until the Committee specifies the place at which the flax referred to in the last preceding regulation is to be delivered, the grower shall, subject to the directions of the Committee, stack and (if necessary) cover, to the satisfaction of the Committee, the flax when properly dry.
(2) The Committee may grant to the grower such allowance, not exceeding Two shillings and sixpence per ton as it deems equitable towards defraying the cost incurred by the grower in stacking and covering the flax.
Financial assistance to Flax Milling Companies.
Inserted by 1919, No. 174.
8c. The Committee may, subject to the approval of the Minister, advance money or machinery to, or otherwise financially assist, Co-operative or other Companies, in which the majority in number of the shares in the Company are held bonâ fide by flax growers, for the specific purpose of enabling them to acquire, lease, erect, or operate flax mills.
Acquisition of mills.
Substituted by 1918, No. 243.
(1) The Committee may, subject to the approval of the Minister, acquire, lease, requisition or erect such mills as it deems necessary for the treatment of flax purchased in pursuance of these Regulations.
(2) The compensation payable to an owner in respect of any mill requisitioned in pursuance of this regulation shall in default of agreement be assessed in the first instance by a Board of three persons appointed or approved by the Minister and be determined by the Minister upon the basis of that assessment.
Price of flax.
Amended by 1918, No. 243, and 1919, No. 174.
(1) Subject to this regulation, the price to be paid by the Committee to the grower in respect of flax grown during the year 1918 and purchased in pursuance of these Regulations shall be—
(a) in respect of flax of an average length of thirty inches, £5 per ton; and
(b) in respect of flax of a greater or less average length than thirty inches, such amount, fixed pro ratâ upon the price specified in the last preceding paragraph, having regard to the length of the flax, as the Committee determines.
(2) The amounts realized on the sale of the products from green flax grown during the year 1918 and purchased under these Regulations shall, subject to deductions to meet—
(a) the prices paid under sub-regulation (1) of this regulation,
(b) the cost incurred by the Committee in treating the flax, and
(c) the expenses of the Committee in developing and controlling the industry,
be dealt with in such manner as the Minister, upon the recommendation of the Committee, determines: Provided that nothing in this regulation shall be deemed to authorize the reduction of the price of green flax of an average length of thirty inches below £5 per ton.
Price of flax grown in 1919.
Inserted by 1919, No. 174.
10a. (1) The price to be paid to the grower by the Committee for standard quality flax grown during the year 1919 and purchased in pursuance of these Regulations shall be £6 per ton.
(2) In this regulation “standard quality flax” means unthreshed flax appraised by the Committee as of average quality, the average length of which when cut or pulled is thirty inches, and which is well seeded, free from disease, noxious or other weeds or foreign matter, properly harvested and properly tied in sheaves, and delivered in good order and condition to the Committee or to such person as the Committee directs at such place as the Committee specifies.
(3) The price to be paid for flax which is above or below standard quality shall be determined by the Committee on the basis of the price fixed by this regulation for standard quality flax.
The Fifth Schedule—continued.
The War Precautions (Flax) Regulations—continued.
(4) The amounts realized on the sale of the products from flax grown during the year 1919 and purchased under these Regulations shall, subject to deductions to meet—
(a) the prices paid under sub-regulation (1) of this regulation;
(b) the cost incurred by the Committee in treating the flax; and
(c) the expenses of the Committee in developing and controlling the industry,
be distributed to the growers of the flax proportionately to the value of the crop delivered by each grower to the Committee, or in such other manner as the Minister, upon the recommendation of the Committee, determines:
Provided that nothing in this regulation shall be deemed to authorise the reduction of the price of flax of standard quality below £6 per ton.
Returns to be furnished.
(1) Any person who has in his possession or under his control a quantity of flax seed in excess of two hundredweights shall, within seven days from the date of the commencement of these Regulations, furnish to the Committee a return showing the description and particulars of the quantity of such flax seed and the place at which it is stored.
(2) Each return shall be accompanied by a statutory declaration as to the accuracy of the information contained therein.
Committee may authorize persons to exercise powers.
Inserted by 1919, No. 174.
11a. For the purpose of these Regulations the Committee may, subject to the approval of the Minister, authorize any person to exercise any of the powers or functions conferred on the Committee under these Regulations.
Repealed by 1919, No. 174.
* * * * * * *
Repealed by 1919, No. 174.
* * * * * * *
Power to ask questions and inspect books.
Substituted by 1919, No. 174.
For the purposes of these Regulations the Committee shall have power to—
(a) ask questions and require the production of books or documents in relation to the purchase, sale, disposal, origin, treatment or manufacture of any flax or any product thereof; and
(b) enter at any reasonable hour in the day-time upon any premises or place in which there is, or is believed by the Committee to be, any flax or any product thereof.
Failure to answer questions &c.
Substituted by 1919, No. 174.
Any person who refuses or fails to comply with any requisition or requirement made, or to answer questions asked, in pursuance of these Regulations, or who resists, obstructs or in any way interferes with any person, authorized by the Committee to exercise the powers and functions of the Committee, in the exercise of any power or function conferred upon him in pursuance of these Regulations, shall be guilty of an offence.