Economic Stability Act 1946 (WA)

1946.] Economic Stability. [No. 62.

ECONOMIC STABILITY.

10° and 11° GEO. VI., No. LXII.

No. 62 of 1946.

AN ACT to make provision for the preservation of

Economic Stability and for other purposes.

[Assented to 24th January, 1947.]

RE it enacted by the King's Most Excellent Majesty,

by and with the advice and consent of the Legis-

lative Council and Legislative Assembly of Western

Australia, in this present Parliament assembled, and by

the authority of the same, as follows:—

1.    This Act may be cited as the Economic Stability Short tit/e.

Act, 1946.

2.     (1) In this Act, unless inconsistent with the con- Interpretation.

text or subjeet-matter-

" Commonwealth Regulations" means

The National Security (Prices) Regulations ;

The National Security (Landlord and Tenant)

Regulations;

The National Security (Capital Issues) Regu-

lations. and

The National Security (Economic Organisa- tion) Regulations (other than regulation 4 and Part V.)

in the form in which those regulations exist immediately prior to the commencing day, and

No. 62.] Economic Stability. [1946.

a reference to the Commonwealth Regulations shall be read as including reference to any part of those regulations;

"the commencing day" in relation to any Common- wealth Regulations means the day fixed by the Governor under section three in relation to those regulations.

(2) In tins Act and in any regulations or instruments in operation by virtue of this Act, unless the contrary intention appears

(a)	any reference to a Minister shall be read as a reference to a Minister of State of the Com- monwealth;
(b)	any reference to the Gazette shall be read as a

reference to the Commonwealth Gazette;

(c)

any reference to the Public Service Board shall

be read as a reference to the Commonwealth

Public Service Board of Commissioners; and

(d)

any reference to any officer shall be read as a reference to that officer of the Common- wealth.

Operation

of certain

3. (1) Subject as hereinafter mentioned the Governor

may, by proclamation, fix a commencing day in respect

of all or any Commonwealth Regulations.

regulations.

(2) Notwithstanding any Act to the contrary, any day fixed in pursuance of the last preceding subsection may be a day either before or after the date of the prdcla- mation fixing that day. Provided that no commencing day shall be fixed in respect of Regulation 58 of Part III. of the National Security (Landlord and Tenant) Regulations unless and until such regulation contains

an additional prescribed ground for notice to quit, viz.,

that the person or persons occupying or in possession of the premises entered into possession thereof without the consent of the lessor.

1946.] Economic Stability. [No. 62.

(3)

On and after the commencing day so proclaimed in relation to any such regulations, those regulations, in the form in which they existed immediately prior to that day, shall, subject to this Act, be and be deemed td have been in operation as if they were regulations made under this Act.

(4) Any regulations relating to prices shall not include or affect prices or rates charged by the State or semi-governmental or local governing bodies for goods or services. For the purposes of this subsection the term "semi-governmental or local governing bodies" shall include and be deemed to include all road passenger transport operators whose omnibuses are operated under licenses granted by the Western Australian Transport Board.

4.

Each authority and officer continued in existence, constituted, appointed or holding office under any Com- earscitiefrs. of

monwealth Regulations in operation by virtue of the •

last preceding section shall, subject to this Act, continue

to be in existence, constituted or appointed or to hold

office for the purposes of those regulations as in opera-

tion by virtue of this Act.

5.    All orders, declarations, determinations, delega- of otdneigt

tions, authorities, applications, notifications, rules, con- sents, agreements, requirements, valuations, certificates, reports, notices or directions which were made, given or entered into under any Commonwealth Regulations in operation by virtue of section three of this Act and which were in force or subsisting immediately prior to the commencing day fixed under this Act in respect of those regulations shall, subject to this Act, be in force or effective so far as they operated or purported to operate in or in relation to the State, but may be revoked or varied under any such regulations in operation by virtue of section three of this Act.

6.    (1) Any person who contravenes or fails to comply offences.

with

(a) any provision of any regulation in operation by

virtue of this Act; or

No. 62.] Economic Stability. [1946.

(b) any order, rule or other instrument in operation

by virtue of this Act or made in pursuance

of any regulation in operation under this Act,

shall be guilty of an offence against this Act.

(2) An offence against this Act may be prosecuted either summarily or upon indictment.

(3) The punishment for an offence against this Act shall be

(a)	if the offence is prosecuted summarily—a fine not exceeding one hundred pounds or impris- onment for a term not exceeding six months; or
(b)	if the offence is prosecuted upon indictment—a fine not exceeding five hundred pounds or imprisonment for a term not exceeding two years.

(4) In addition to any other punishment, a Court may, if it thinks fit, order the forfeiture of any money or goods in respect of which an offence against this Act has been committed.

Power to	7. (1) When any person is convicted of an offence
order

recognisances	against this Act, the Court before which he is convicted may, either in addition to or in lieu of any punishment provided for the offence, require him to enter into recog- nisances with or without sureties to comply with the provisions of the regulations, orders, rules or other instruments in relation to which the offence was com- mitted.
(2) If any person fails to comply with an order of the Court requiring him to enter into recognisances, the Court may order him to be imprisoned for any term not exceeding six months.

Delegation of	8. (1) Any Minister having any powers or functions
powers under

regulations. under any regulation in operation by virtue of this Act may, in relation to any matters or class of matters, by writing under his hand, delegate all or any of his powers and functions under that regulation (except this power

1946.] Economic Stability. [No. 62.

of delegation) so that the delegated powers or functions may be exercised by the delegate with respect to the matters or class of matters specified in the instrument of delegation.

(2) Every delegation under this section shall be revocable at will, and no delegation shall prevent the exercise of any power or function by the Minister.

Where in any regulation in operation by virtue of this Act the exercise of any power or function by a Minister, or the operation of any provision of that regulation, is dependent upon the opinion, belief or state of mind of a Minister in relation to any matter, that power or function may be exercised by the person to whom that power or function has been delegated by the Minister or that provision may operate, as the ease may be, upon the opinion, belief or state of mind of that person in relation to that matter.

(3)

Any delegation which was made by a Minister in respect of any of his powers and functions under any Commonwealth Regulations in operation by virtue of section three of this Act and which was in force immedi- ately prior to the commencing day shall continue in force as if made under this Act.

(4)

9. (1) The Governor may, after consultation has Regulation;

taken place between the Premier of the State and the Prime Minister of the Commonwealth, make regu- lations

(a) for or in respect of any matters or class of matters dealt with in any Commonwealth Regulations in operation by virtue of section three of this Act;

(b) repealing or amending any regulations in operation by virtue of this Act, but so that any such amendment shall be in respect of a matter dealt with by those regulations.

(2) The regulations made under this section may provide for empowering such persons or classes of persons as are prescribed and thereto authorised in pursuance of the regulations, to make orders, rules or other instruments for any of the purposes for which regulations are, by this Act, authorised to be made.

No. 62.] Economic Stability. [1946.

Consultative

Committee.

10. For the purposes of this Act there shall be a Committee to be known as the Consultative Committee. Such Committee shall consist of the Premier of the State, the Leader of the Opposition in the State Parliament and two members of the State Parliament, of whom one shall be nominated by the Premier and the other by the Leader of the Opposition. The powers conferred by section nine of this Act or any of them shall not be exercised until after a consultation has taken place between the Premier and the Consultative Committee. This Committee shall meet at intervals of not less than thirty-two days.

Regulations

11. All regulations referred to in section three and section nine of this Act shall be deemed to be regulations

suject	b	to
Int	erpre-

Cation Aet.	within the meaning of section four and section thirty- six of the Interpretation Act, 1918, and subject to the provisions of section thirty-six of the Interpretation Act, 1918.
Duration of
Act.	12. This Act shall continue in operation until a day being not later than the thirty-first day of October, one thousand nine hundred and forty-seven, to be fixed by proclamation by the Governor and shall be deemed to be repealed on that day.