National Security (Prices) Regulations (Amendment) (Cth)

STATUTORY RULES.

1944. No. 192.

REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1943.

I, THE ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the National Security Act 1939-1943.

Dated this twenty-eighth day of December 1944.

 

W. DUGAN

Administrator

By His Excellency’s Command,

 Acting Minister of State for Defence.

 

AMENDMENTS OF THE NATIONAL SECURITY (PRICES) REGULATIONS.

Inter-wholesale transactions.

1. Regulation 26 of the National Security (prices) Regulations is amended -

(a) by omitting from sub-regulation (6.) all words after paragraph (b); and

(b) by adding at the end thereof the following sub-regulations:-

“(7.) For the purpose of this regulation and in any legal proceedings which are pending at the date of commencement of this sub-regulation or which are commenced after that date (whether the proceedings are in respect of anything done before or on or after that date) the term ‘cost’ in this regulation -

(a) in relation to any goods (not being goods to or in respect of which an order under the next succeeding sub-regulation applies)- shall be construed as meaning the actual price paid or payable by the wholesaler who purchases the goods (in this definition referred to as ‘the purchaser”) to the wholesaler or retailer from whom he purchases them, plus any expenses which -

(i) were actually and specifically incurred by the purchaser in placing the goods at the point of delivery by him for the purposes of a sale by him; and

(ii) at the time of the sale or offer for sale by the purchaser, were recorded -

(1) on a copy of an invoice for the goods which is held by the purchaser; or

(2) in the books and accounts of the purchaser in such a manner that they can be readily identified and clearly associated with the goods; or

(b) in relation to any goods to or in respect of which an order under the next succeeding sub-regulation applies - shall be construed as having the meaning defined in that order.

 

“(8.) For the purposes of this regulation the Commissioner may, by order published in the Gazette, define the meaning of the term ‘cost’, in relation to -

(a) any class of sale specified in the order;

(b) any class of goods so specified; or

(c) any class of trader so specified.”.

2. After regulation 26 of the National Security (prices) Regulations the following regulation is inserted: —

Inter retail transactions.

“26A.—(1.) a retailer (in this regulation referred to as the ‘retail buyer’) who purchases any declared good from any other retailer (in this regulation referred to as the ‘retail seller’) shall not sell those goods at a price in excess of the cost to the retail buyer:

Provided that the retail buyer may sell such goods at a price not greater than the maximum price at which the retail seller was entitled to sell for any similar quantities at the time of sale, and the onus of ascertaining such maximum price shall be upon the retail buyer.

“(2.) Notwithstanding anything contained in this last preceding sub-regulation, the retail buyer may sell any goods at a price not exceeding the maximum price which, after application by the retail buyer, the Commissioner declares to him in writing.

“(3.) For the purpose of this regulation, the retail buyer may request the retail seller of goods to supply him with such information as he deems necessary to enable him to comply with the provisions of this regulation, and the retail seller shall thereupon furnish in writing such information to the retail buyer.

“(4.) The Commissioner may generally, by order published in the Gazette or specifically by notice in writing, exempt any trader of class of trader from the whole or part of the requirements of this regulation.

“(5.) For the purpose of this regulation ‘cost’-

(a) in relation to any goods (not being goods to or in respect of which an order under the next succeeding sub-regulation applies) - means the actual price paid or payable by the retail buyer to the retail seller, plus any expenses which -

(i) were actually and specifically incurred by the retail buyer in placing the goods at the point of delivery by him for a sale by him; and

(ii) at the time of sale or offer for sale by the retail buyer were recorded -

(1) on a copy of an invoice for the goods held by the retail buyer; or

(2) in the books and accounts of the retail buyer in such a manner that they can be readily identified and clearly associated with the goods; or

 

(b) in relation to any goods to or in respect of which an order under the next succeeding sub-regulation applies - has the meaning defined in that order.

“(6.) For the purposes of this regulation the Commissioner may, by order published in the Gazette, define meaning of the term ‘cost’, in relation to -

(a) any class of sale specified in the order;

(b) any class of goods so specified; or

(c) any class of trader so specified.”.

Offering to pay higher price for declared goods etc.

3. Regulation 32 of the National Security (Prices) Regulations is amended by inserting, after the word “thereto”, the words “by or”.