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

STATUTORY RULES.

1948. No. 44

 

REGULATION UNDER THE DEFENCE (TRANSITIONAL PROVISIONS) ACT 1946-1947.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Defence (Transitional Provisions) Act 1946-1947.

Dated this second day of April, 1948.

W. J. McKELL

Governor-General.

By His Excellency’s Command,

NELSON LEMMON

for and on behalf of the Minister of State for Post-war Reconstruction.

 

Amendment of the National Security (Prices) Regulations. 

After Regulation 23b of the National Security (Prices) Regulations the following regulation is inserted :—

Power to prohibit certain transactions.

“23c.—(1.) Where the Commissioner is of opinion that it is necessary so to do in order to prevent a person (in this regulation referred to as ‘the vendor’) who carries on the business of selling declared goods or supplying declared services from continuing to operate a scheme which, in the opinion of the Commissioner—

(a) involves a departure from his normal course of trading;

(b)would not be operated but for the provisions of these Regulations or of an order thereunder; and

(c) has the effect that the real cost (taking into account losses involved in transactions connected with the scheme) to any purchaser or purchasers of goods from the vendor, of any declared goods so purchased, or to any person or persons to whom services are supplied by the vendor, of any declared services so supplied, is more than the maximum price or rate fixed under these Regulations for the sale of those goods or the supply of those services,

he may, by notice in writing directed to the vendor, and published in the Gazette or served on the vendor, specify a class of transactions (being, in the opinion of the Commissioner, a class of transactions which is being used for the purposes of the scheme) to be a class of transactions to which this regulation shall apply.

 

* Notified in the Commonwealth Gazette on 5th April, 1948.

  Being the Regulations having that title as in force under the Defence (Transitional Provisions) Act 1946-1947, as amended by Statutory Rules 1947, Nos. 36, 88 and 150. The Regulations under the National Security Act 1939-1946 having the corresponding title comprise Statutory Rules 1940, No. 176 as amended by Statutory Rules 1940, Nos. 219 and 294; 1941, Nos. 54 and 251; 1942, No. 513; 1943, Nos. 220, 264 and 278; 1944, Nos. 25, 83, 94, 113, 152 and 192; 1945, Nos. 7, 24, 47, 52 and 113; and 1946, Nos. 12, 19, 71, 93, 148 and 198. These Regulations were also amended by the Defence (Transitional Provisions) Act 1946.

1957.—Price 3d.

 

“(2.) Except with the consent of the Commissioner, a person to whom a notice under this regulation (duly published or served) is directed shall not, while the notice remains unrevoked, enter into a transaction included in a class of transactions specified in the notice.

“(3.) A notice under this regulation shall specify the class of declared goods or declared services in relation to which, in the opinion of the Commissioner, the scheme is being operated, but shall have full force and effect notwithstanding that it does not specify or describe the scheme which, in the opinion of the Commissioner, makes the notice necessary.

“(4.) Any reference in this regulation to a person shall be deemed to include a reference to persons included in a class of persons, and this regulation shall apply, mutatis mutandis, accordingly.”.

 

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