Industrial Undertakings Purchasers' Prices Products Act 1937 (NSW)

INDUSTRIAL UNDERTAKINGS

PURCHASERS' PRICES PRO­

DUCTS ACT.

Act No. 33, 1937.

An Act to provide for the constitution of Boards to determine fair and reasonable prices for bricks, blue metal, and cement products the respective products of businesses res­ pectively carried on by the purchasers of the assets of the State Brick Works, the State Metal Quarries, and the State Monier Pipe and Reinforced Concrete Works, and their sequels in title on lands comprised in such assets; to repeal the Special Deposits (Indus­ trial Undertakings) Act, 1912, and certain other Acts; and for purposes connected therewith or incidental thereto. [Assented to, 23rd December, 1937.]

lative Council and Legislative Assembly of New South BE it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis­

Wales in Parliament assembled, and by the authority of the same, as follows : —

pipes, synthetic stone made with concrete or cement, and concrete or cement goods ordinarily made

1. This Act may be cited as the "Industrial Under­ takings Purchasers ' Prices Products Act, 1937."
2. In this Act, unless the context or subject matter otherwise indicates or requires—

" B o a r d " means a board constituted under this
Act.

"Blue meta l" includes crushed stone and screenings. "Cement products" means concrete or cement

made by the State Monier Pipe and Reinforced Concrete Works at the time of the sale of the assets thereof.

"Minis te r" means Minister for Public Works.

"Prescr ibed" means prescribed by this Act or by

regulations made thereunder.

" P u r c h a s e r " means—

(a)	Brickworks Pty. Limited or their se­ quels in title in relation to any bricks the products of a business carried on by any of them in connection with the land referred to in the First Schedule hereto (or any part thereof) or in relation to the price for any such bricks;
(b)	Quarries Pty. Limited or their sequels in title in relation to any blue metal the product of a business carried on by any of them in connection with the land referred to in the Second Schedule hereto (or any part thereof) or in relation to the price for any such blue metal;
(c)	Monier Industries Limited or their sequels in title in relation to any cement products the products of a business carried on by any of them in connection with the land referred to in the Third Schedule hereto (or any part thereof) or in relation to the price

for any such cement products.

"Sequels in t i t le" means—

(a)	in the case of Brickworks Pty. Limited, their sequels in title in respect of the land referred to in the First Schedule hereto or any part thereof;
(b)	in the case of Quarries Pty. Limited, their sequels in title in respect of the land referred to in the Second Schedule hereto or any part thereof;

(c)

(c) in the case of Monier Industries Limited, their sequels in title in respect of the land referred to in the Third Schedule hereto or any part thereof.

3. (1) The Governor shall from time to time at the request of the Minister or of the purchaser made as pre­ scribed appoint a board for the purposes of this Act.

(2) A board shall consist of three members, one to be nominated by the Minister, one to be nominated by the purchaser concerned in the subject-matter of the inquiry to be held by that board, and a third member who shall be chairman, and shall be a person agreed upon between the Minister and such purchaser.

In the event of the Minister and the purchaser failing to agree within the time prescribed as to the third member, such third member shall be a person nomi­ nated by the Chief Justice of New South Wales or in the event of his inability to act by the Senior Puisne Judge of the Supreme Court.

(3) If no person, or no person able and willing to act as a member of the board, is within the time and in the manner prescribed nominated by the purchaser con­ cerned, the Minister may nominate any person to repre­ sent the purchaser as a member of such board.

(4) If no person or no person able and willing to act as a member of the board is within the time and in the manner prescribed nominated by the Minister the purchaser may apply to a Judge of the Supreme Court

by summons in Chambers to nominate a person to repre­

sent the Minister as a member of such board.

(5) For the purposes of any inquiry by a board, the chairman shall have the powers, rights, privileges, protection and immunities of a chairman of a Royal Commission within the meaning of Division 1 of P a r t I I of the Royal Commissions Acts, 1923-1934, and a member of a board shall have the powers, rights, privi­ leges, protection and immunities of a commissioner within the meaning of that Division.

(6)

(6) The provisions of the Royal Commissions Acts, 1923-1934, with the exception of section thirteen and Division 2 of Par t II , shall apply to and with respect to any inquiry by the board.

(7) Any two members of a board shall be a quorum and shall have the powers and authorities by this Act conferred upon a board, provided that if at any meeting of a board the chairman is not present and the members present differ in opinion upon any matter the determina­ tion of such matter shall be postponed until such time as the chairman shall be present.

(8) In the event of any vacancy occurring in the office of a member of the board the Governor shall appoint a person to fill the vacant office on such nomination as would be applicable under the provisions of this Act in the case of an original appointment of such a member.

(9) The chairman shall have a deliberative vote, and in the case of an equal division of votes a casting" vote.

(10) The costs of and incidental to an inquiry, in­ cluding the fees of the members, shall be paid by the parties to the inquiry in such proportions as the board may direct.

(11) No action or suit shall be brought or main­ tained against any person who is, or at any time has been, a member of a board, for anything done or omitted by him pursuant to the duties imposed upon him by this Act.

4. (1) For the purposes of this Act separate boards

are to be constituted as follows:—

(a) a board constituted to determine the fair and reasonable prices for any one or more classes of bricks the products of any business carried on by Brickworks Pty. Limited or its sequels in title in connection with the land referred to in the First Schedule hereto or any part thereof and the board shall determine such prices accordingly;

(b)

(b)	a board constituted to determine the fair and reasonable prices for any one or more classes of bine meta l the p roduc ts of any business car r ied on by Quarr ies P t y . Limited or i ts sequels in title in connection wi th the l ands re fer red to in the Second Schedule here to or any p a r t thereof and the board shall de termine such prices accordingly;
(c)	a board constituted to determine the fair and reasonable prices for any one or more classes of cement products the products of any busi­ ness carr ied on by Monier Indus t r i e s L imi ted or i ts sequels in title in connection with the lands re fer red to in the Th i rd Schedule here to or any p a r t thereof and the board shall deter­ mine such prices accordingly.

(2) The determinat ion of a board of a fa i r and reasonable price may include as p a r t thereof t e rms and conditions of sale (including descript ion qual i ty and de l ivery) .

(3) As soon as m a y be af ter a board has deter­ mined any fair and reasonable price as aforesaid the board shall cause the de terminat ion to be published in the Government Gazette and a copy of such Gazette shall in any proceedings before any court or t r ibuna l be evidence of such determinat ion.

(4) A board may hold any inquiry under the Act

in public.

5 . (1) Brickworks P t y . Limi ted and its sequels in t i t le

shall sell to any person desirous of purchas ing the same

for cash, bricks the produc t of any business ca r r ied on by	them in connection with the land refer red to in the F i r s t
Schedule here to (or any p a r t thereof) and of a class re fe r red to in any de terminat ion by a boa rd of a fa i r and reasonable price under th is Act a t a pr ice and on t e rms and conditions not less advantageous to such person in any respect than the pr ice and t e rms and conditions as so de termined by the board.

P e n a l t y :  F ive hundred pounds .

(2) Quarr ies P t y . Limited and its sequels in t i t le

shall sell to any person desirous of purchas ing the same

for

for cash, blue meta l the product of any business carr ied on by them in connection with the lands re fer red to in the Second Schedule hereto (or any p a r t thereof) and of a class refer red to in any de terminat ion by a board of a fair and reasonable price under this Act at a price and on t e rms and conditions not less advantageous to such person in any respect than the pr ice and t e rms and conditions as so determined by the board.

P e n a l t y :  F ive hundred pounds .

(3) Monier Indus t r i e s Limi ted and its sequels in t i t le shall sell to any person desirous of purchas ing the same for cash, cement products the product of any busi­ ness car r ied on by them in connection with the lands re fer red to in the Th i rd Schedule hereto (or any p a r t thereof) and of a class refer red to in any determinat ion by a board of a fair and reasonable pr ice unde r this Act a t a price and on t e rms and conditions not less advantageous to such person in any respect than the pr ice and t e rms and conditions as so de termined by the board .

P e n a l t y :  F ive hundred pounds .

(4) I t shall be a defence to a prosecut ion for a breach of any of the provis ions of this section if the defendants prove tha t they h a d not available for sale by them at the re levant t ime the bricks, blue meta l or cement products as the case may be.

(5) Proceedings under this section shall not affect any civil r igh t or remedy the in tending purchase r or any other person may have agains t the defendant a r i s ing out of the same mat te r .

6 . If the members of a board a re not unanimous in any m a t t e r the de te rmina t ion of any two members of the
board shall be the de terminat ion of the board but if

two members only be presen t one of whom is the chair­ man , the de terminat ion of the cha i rman shall be the de te rmina t ion of the board. Noth ing in this section shall affect subsection seven of section three of this Act.

7 . The penal ty , pecuniary or other, set out—

(a) at the foot of any section of this Ac t ; or

(b) at the foot of any subsection of any section of this Act, but not at the foot of the section,

shall

shall indicate tha t any contravention of the section or of the subsection respectively, whether by act or omission, shall be an offence agains t the Act, punishable upon conviction by a penal ty not exceeding the penal ty men­

t ioned :

P rov ided tha t where the penal ty is expressed to

apply to a p a r t only of the section or subsection, it shall

apply to tha t p a r t only.

8 . Offences aga ins t this Act or the regulat ions shall be punishable on summary conviction before a st ipen­ d ia ry or police mag i s t r a t e or two just ices of the peace.

9 . The following Acts a re hereby repealed:—

Special Deposi ts ( Indus t r i a l Under tak ings) Act,

1912;

Special Deposits ( Indus t r i a l Under tak ings ) Amend­

ment Act, 1916;

Special Deposi ts ( Indus t r i a l Under tak ings ) Amend­

ment Act, 1918;

Special Deposi ts ( Indus t r i a l Under tak ings ) Amend­

ment Act, 1930:

Prov ided a lways t h a t with respect to any under tak ing upon or in connection wi th the Murrumbidgee I r r i ga t ion Areas to which such Acts applied immediately p r io r to the commencement of this Act such under tak ing may be car r ied on in all respects as if this Act had not been passed.
10. (1) The Governor may make regulat ions not in­ consistent with this Act prescr ib ing all ma t t e r s which by this Act are requi red or permi t ted to be prescr ibed or which are necessary or convenient to be prescr ibed for

without l imit ing the genera l i ty of the foregoing power,	giving full effect to this Act, and in pa r t i cu la r and
may make regulat ions in relat ion t o—

(a)	the fees payable to the chairman of a board or to a member of a b o a r d ;
(b)	the scales of allowances to be paid to witnesses summoned under this Act to appea r before a b o a r d ;

(c) the procedure or proceedings of a b o a r d ;

and may in such regulat ions impose a penal ty not exceed­

ing twenty pounds for any breach of the same.

(2)

(2) All regula t ions made under this Act shall—

(i) be published in the Gazet te ;

(ii)   take effect from the date of publication, or from a la te r da te to be specified in such regu la t ions ; and

(iii)   be laid before both Houses of Parliament with­ in fourteen s i t t ing days af ter such publication if P a r l i a m e n t is in session, and if not, then within fourteen s i t t ing days after the com­ mencement of the next session.

If ei ther House of Pa r l i amen t passes a reso­ lution of which notice has been given a t any t ime within fifteen s i t t ing days af ter such regu­ lat ions have been laid before such House , dis­ allowing any regula t ion or p a r t thereof, such regulat ion or p a r t shall thereupon cease to have effect.

S C H E D U L E S .

F I R S T SCHEDULE.

The land described in the first part of the First Schedule in the printed Conditions and Terms of Sale of certain assets of the State Brickworks issued by the Minister for the purpose of inviting public tenders for the purchase of such assets.

SECOND SCHEDULE.

The lands described in the first and second parts of the First Schedule and the first part of the Second Schedule and the first part of the Third Schedule in the printed Conditions and Terms of Sale	of Lots 1, 2 and 3 of the State Metal Quarries issued by the Minister	for the purpose of inviting public tenders for the purchase of such
lots.

THIRD SCHEDULE.

The lands described in the first and second parts of the First Schedule in the printed Conditions and Terms of Sale of Lots 1 and 2 of the State Monier Pipe and Reinforced Concrete Works issued by the Minister for the purpose of inviting public tenders for the purchase of such lots.

C O M P A N I E S