National Security (Cash Orders and Hire Purchase Agreements) Regulations (Cth)

STATUTORY RULES.

1942. No. 144.

–––––––––

REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1940.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the National Security Act 1939-1940.

Dated this twenty third day of March, 1942.

(SGD.) GOWRIE.

Governor-General.

By His Excellency’s Command,

for and on behalf of the Minister of State for Defence Co-ordination.

––––––––

NATIONAL SECURITY (CASH ORDERS AND HIRE PURCHASE AGREEMENTS) REGULATIONS.

Part I.—Preliminary.

Citation.

1.These Regulations may be cited as the National Security (Cash Orders and Hire Purchase Agreements) Regulations.

Commencement.

2.—(1.) These Regulations, except regulation 7, shall come into operation on the twenty-seventh day of March, 1942.

(2.) Regulation 7 of these Regulations shall come into operation on the eleventh day of May, 1942.

Administration.

3.These Regulations shall be administered by the Treasurer.

Parts.

4.These Regulations are divided into Parts, as follows:—

Part I.—Preliminary.

Part II.—Cash Orders.

Part III.—Hire Purchase Agreements.

Part IV.—Miscellaneous.

Definitions.

5.In these Regulations, unless the contrary intention appears—

“agricultural implement” means any goods specified in Division I. of the First Schedule to the Sales Tax (Exemptions and Classifications) Act 1935-1941;

 

*Notified in the Commonwealth Gazette on March, 1942.

7277.—Price 5d.  20/20.3.1942.

“cash loan” means a loan of money made, or to be made, by a cash order trader;

“cash order” includes any document which is issued for the purpose of enabling a person to receive goods, services or other valuable consideration in exchange therefor and in consideration of, or in association with, an agreement by that person to pay to the person issuing the order the amount thereof at a fixed or determinable future time, or by instalments, but does not include a bill of exchange;

“cash order trader” means a person who carries on the business of issuing cash orders, whether alone or in conjunction with any other business;

“licence” means licence under these Regulations;

“purchase price in relation to any goods the subject of a hire purchase agreement, means the total amount of the moneys required to be paid by the hirer under the agreement, including—

(a) any sum payable in respect of sales tax, insurance, freight, delivery or installation and other like sums;

(b) interest, finance and other credit charges; and

(c) the value of any other consideration provided or required to be provided by the hirer to purchase the goods under the agreement.

Part II.—Cash Orders.

Licensing of persons conducting cash order businesses.

6.—(1.) The Treasurer may, in his discretion, and upon payment of a fee of One pound, grant to any person a licence to issue cash orders at an office or other like place of business at such addresses as are specified in the licence.

(2.) An applicant for a licence shall furnish the Treasurer with such information as the Treasurer requires.

(3.) Subject to these Regulations, a licence shall continue in force for such period not exceeding twelve months as is specified in the licence.

(4.) Where any person has been convicted of an offence arising under these Regulations the Treasurer may cancel any licence granted to that person under these Regulations.

Cash orders, &c, to be issued only at licensed offices and to be received in person.

7.A person shall not, without the consent in writing of the Treasurer, issue a cash order or make a cash loan—

(a) at any place other than an office or other like place of business at an address specified in a licence in force in favour of that person; and

(b) unless the person to whom the cash order is issued or cash loan is made receives it in person at such an office or place.

 

Canvassing for cash orders, &c., prohibited.

8.—(1.) Subject to the next succeeding sub-regulation, a person shall not, without the consent in writing of the Treasurer—

(a) employ or engage any agent or canvasser for the purpose of inviting or inducing any person to obtain the issue of a cash order or to obtain a cash loan; or

(b) send or deliver, or cause to be sent or delivered, to any person, except in response to the written request of that person, any circular or other document, or issue or publish, or cause to be issued or published, any advertisement, containing an invitation, inducement or suggestion—

(i) to obtain the issue of a cash order or to obtain a cash loan; or

(ii) to apply to any person or at any place for information or advice as to the issue of a cash order or the obtaining of a cash loan.

(2.) Nothing in the last preceding sub-regulation shall prohibit the publication of any advertisement which does not set forth anything except the name, address and telephone number of a cash order trader together with a statement of the nature of the business of that cash order trader.

Control of cash orders and cash loans.

9.A cash order trader shall not, without the consent in writing of the Treasurer, make any agreement or arrangement for the charging or receipt of, or, subject to regulation 11 of these Regulations, charge or receive, in respect of any cash order issued by him after the commencement of this regulation, any sum greater than the amount of the cash order and an amount calculated at the rate of Ninepence for each One pound of the amount of the cash order.

Presentation of cash orders for redemption.

10.A person who, after the commencement of this regulation, accepts a cash order in exchange for any goods, services or other valuable consideration shall present it for redemption within one month after he so accepts it, but failure to comply with the provisions of this regulation shall not invalidate any cash order or affect the rights or obligations of any person arising under, or in connexion with, any cash order.

Discount on redemption of cash orders.

11.A person who redeems a cash order issued after the commencement of this regulation shall pay to the person who presents the cash order for redemption the full amount thereof less—

(a) where payment is made within fourteen days after the cash order is presented for redemption—an amount not exceeding ten per centum; or

(b) in any other case—an amount not exceeding five per centum, of the amount of the cash order.

Husbands not liable to repay cash orders and cash loans in certain cases.

12.The husband of a woman to whom a cash order is issued or a cash loan made after the commencement of this regulation shall not be liable to repay the whole or any part of the amount thereof unless his consent in writing to the issue of the cash order or the making of the cash loan was obtained before the issue or making thereof.

Cash orders in excess of £10 not to be issued.

13.—(l.) A cash order trader shall not issue to any person any cash order for an amount exceeding Ten pounds.

(2.) A cash order trader shall not issue a cash order to any person unless that person certifies in writing to the cash order trader—

(a) that a cash order has not at any time previously been issued to him or her, or to his wife or her husband, as the case may be; or

(b) that the amount unpaid under all cash orders previously issued to him or her, together with the amount (if any) unpaid under any cash orders previously issued to his wife or to her husband, as the case may be, together with the amount of the cash order then issued, does not exceed Ten pounds,

and the cash order trader has no reason to doubt the truth of the certificate.

(3.) A person shall not make any false or misleading statement in any certificate given for the purposes of the last preceding sub-regulation.

Cash loans not to be made in certain cases.

14.A cash order trader shall not make a cash loan to any person where any amount remains unpaid under any cash order previously issued by that cash order trader to that person, or to his wife or her husband, as the case may be.

Cash orders to be repayable within 20 weeks.

15.A cash order trader shall not issue a cash order unless it is repayable in full within not more than twenty weeks after the date of issue thereof.

Amounts not expended to be credited or paid.

16.Where portion of the amount of a cash order issued after the commencement of this regulation is not expended, the cash order trader shall, on demand by the person to whom the cash order was issued, credit him with, or, where the cash order has been repaid in full, pay to him, the amount unexpended.

Limitation of volume of business of cash order traders.

17.—(1.) In this regulation—

“quarter” means a period of three months commencing on the first day of January, the first day of April, the first day of July, or the first day of October;

“volume of business”, in relation to any cash order trader, means the total amount of all cash orders issued by that cash order trader during a quarter.

(2.) The Treasurer may, by order, determine the volume of business of any cash order trader in respect of any quarter.

(3.) A cash order trader shall not issue any cash order so that his volume of business in respect of any quarter exceeds the volume of business so determined in respect of that quarter.

Invalidation of transactions in contravention of Part.

18.Any agreement or arrangement entered into or made, cash order issued, or cash loan made in contravention of this Part shall be void, but nothing in this regulation shall affect the right of any person who receives a cash order in exchange for goods, services or other valuable consideration to obtain redemption of the cash order.

 

Records to be kept of cash order business.

19.—(1.) Every cash order trader shall keep proper records setting out particulars of each cash order issued, and cash loan made, by him after the commencement of this regulation and of the amounts charged or received in respect thereof.

(2.) A person who redeems any cash orders shall keep proper records setting out—

(a) particulars of each cash order presented to him for redemption, including the date on which it is so presented;

(b) the date on which payment in respect of each cash order is made; and

(c) the amount paid in respect of each cash order.

(3.) A person required to keep records under either of the last two preceding sub-regulations shall preserve all records kept accordingly, together with all certificates given to him under sub-regulation (2.) of regulation 13 of these Regulations, and all statutory declarations furnished to him under regulation 30 of these Regulations, for a period of at least twelve months after the completion of the transaction to which the record, certificate or statutory declaration relates.

Part III.—Hire Purchase Agreements.

Minimum deposit.

20.A person shall not enter into any hire purchase agreement unless the agreement provides for payment of a deposit as follows:—

(a) where the goods the subject of the agreement consist of a motor vehicle a piano or, a player piano—a deposit not less than one-third of the purchase price;

(b) where the goods the subject of the agreement consist of an agricultural implement—a deposit not less than one-tenth of the purchase price;

(c) in any other case—a deposit not less than one-fifth of the purchase price or such other proportion as the Treasurer, by order published in the Gazette, fixes, either generally or with respect to goods of any specified class; and

(d) where the goods the subject of the agreement consist of goods in respect of which different minimum deposits are required under this regulation—a deposit not less than the deposit which would be payable if all the goods were of that class of goods subject to the agreement in respect of which the greatest minimum deposit is required.

Deposit may include value of consideration provided by hirer.

21. The deposit required by the last preceding regulation to be provided for in any hire purchase agreement may include the value of any consideration (other than money) provided or required to be provided by the hirer to purchase the goods under the hire purchase agreement.

Rent to be paid by equal instalments at equal intervals of time.

22.A person shall not enter into any hire purchase agreement unless the agreement provides for the payment of the difference between the purchase price and the deposit by equal instalments payable at equal intervals of time.

 

Maximum term.

23.A person shall not enter into any hire purchase agreement unless the agreement provides for a period of hiring as follows:—

(a) where the goods the subject of the agreement consist of a second-hand motor vehicle—a period not exceeding eighteen months;

(b) where the goods the subject of the agreement consist of a piano or a player-piano—a period not exceeding three years;

(c) where the goods the subject of the agreement consist of a sewing machine for household use, washing machine for household use or any other electric, gas or oil appliance for household use—a period not exceeding four years;

(d) where the goods the subject of the agreement consist of an agricultural implement—a period not exceeding ten years;

(e) in any other case—a period not exceeding two years or such other period as the Treasurer, by order published in the Gazette, fixes, either generally or with respect to goods of any specified class; and

(f) where the goods the subject of the agreement consist of goods in respect of which different maximum periods of hiring are required under this regulation—a period not exceeding the period which would be applicable if all the goods were of that class of goods subject to the agreement in respect of which the shortest maximum period is required under this regulation.

Records to be kept of hire purchase agreements.

24.—(1.) Every person who sells goods under hire purchase agreements shall keep proper records setting out particulars of each such agreement entered into by him and of the amounts charged or received in respect thereof.

(2.) A person required to keep records under the last preceding sub-regulation shall preserve all records kept accordingly, together with all statutory declarations furnished to him under regulation 30 of these Regulations, for a period of at least twelve months after the completion of the transaction to which the record or statutory declaration relates.

Hire purchase agreement entered into in contravention of Part to be void except as to hirer’s rights.

25.A hire purchase agreement entered into in contravention of this Part shall be void except insofar as the rights of the hirer thereunder or arising thereout are concerned.

Part IV.—Miscellaneous.

Information to be furnished.

26.—(1.) The Treasurer may, by order, require any person (including any officer employed in or in connexion with any department of a Government or by a local authority) or all persons included in a class of persons specified in the order—

(a) to furnish to the Treasurer, or to such other person as the Treasurer directs, such information as the Treasurer or that other person requires; and

(b) to attend and give evidence before the Treasurer, or such other person as the Treasurer directs,

with respect to any act, transaction, matter or thing prohibited by these Regulations, or to which any provision of these Regulations applies,

and may require him or them to produce all books, documents and other papers whatever in his or their custody or under his or their control relating thereto.

(2.) The Treasurer may require the information or evidence to be given on oath or affirmation and either orally or in writing and for that purpose the Treasurer or person before whom the evidence is given may administer an oath.

(3.) A person shall not—

(a) refuse or fail to comply with any requirement made in pursuance of sub-regulation (1.) or (2.) of this regulation; or

(b) with intent to evade the provisions of these Regulations, destroy, mutilate, deface, secrete or remove any book, document or other paper.

Access to buildings, records, &c.

27. An officer authorized by the Treasurer in that behalf shall at all times have full and free access to all buildings, places, books, accounts, records, certificates, documents and other papers for the purpose of ascertaining whether the provisions of these Regulations have been, or are being, complied with, and for that purpose may make extracts from or copies of any such books, accounts, records, certificates, documents and other papers.

Obstruction.

28.A person shall not obstruct or hinder any officer acting in the discharge of his duties under these Regulations.

Contracts to evade Regulations prohibited.

29.A person shall not enter into or make any agreement or arrangement, whether orally or in writing, for the purpose of, or which has the effect of, in any way, and whether directly or indirectly, defeating, evading or avoiding, or preventing the operation of these Regulations in any respect, but nothing in this regulation shall apply to any variation of the terms of a cash order or hire purchase agreement made in pursuance of the next succeeding regulation.

Revision of contracts by reason of hardship.

30.—(1.) Any person to whom a cash order has been issued or the hirer under a hire purchase agreement may furnish to the person who issued the cash order or to the seller of the goods the subject of the hire purchase agreement a statutory declaration setting forth that, by reason of circumstances specified in the statutory declaration which were beyond his control and not foreseen by him at the time of obtaining the cash order or entering into the hire purchase agreement and in order to avoid undue hardship, he needs a revision of the terms of the cash order or hire purchase agreement and that the revision requested is not made in pursuance of any preconceived plan, arrangement or intention to defeat, evade, avoid or prevent the operation of these Regulations.

(2.) Where any such statutory declaration is furnished the person who issued the cash order or the seller of the goods the subject of the hire purchase agreement may, unless he knows or has reason to believe that the statutory declaration is not made in good faith, vary the terms of the cash order or hire purchase agreement.

––––––––––––––––––

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.