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

STATUTORY RULES.

1943. No. 264.

 

REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1943.*

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 1939-1943.

Dated this sixteenth day of October, 1943.

(SGD.) GOWRIE.

Governor-General.

By His Excellency’s Command,

for and on behalf of the Minister of State for Defence.

 

Amendments of the National Security (Prices) Regulations. 

Determination of maximum prices, rates, &c.

1.—(1.) Regulation 23 of the National Security (Prices) Regulations is amended—

(a) by omitting from paragraph (5) of sub-regulation (1.)all the words after the words “may be sold” and inserting in their stead the following sub-paragraphs:—

“(i) by any person, shall be such price as is fixed by the Commissioner by notice in writing to that person; or

(ii) by any body or association of persons, or any member of any such body or association, shall be such price as is fixed by the Commissioner by notice in writing to that body or association.”;

 

* Notified in the Commonwealth Gazette on , 1943.

  Statutory Rules 1940, No. 176, as amended by Statutory Rules 1940, Nos. 219 and 294; 1941, Nos. 54 and 251; 1942, No. 513; and 1943, No. 220.

6190.—Price 3d. 9/14.10.1943.

(b) by inserting after sub-regulation (1a.) the following sub-regulations:—

“(1b.) The power conferred by paragraph (a) of sub-regulation (1.) of this regulation to fix and declare by order published in the Gazette the maximum price at which any declared goods may be sold shall for all purposes be deemed to be validly exercised by an order so published which fixes any such price by reference to a list of prices approved by the Commissioner and issued by a body or association of persons which is recognized by the Commissioner—

(a) in the case of sales by a producer or manufacturer of goods, to be representative of the producers or manufacturers, as the case may be, of the goods in relation to the sale of which the price is so fixed; and

(b)in the case of sales by a trader in goods, to be representative of the traders in the goods, in relation to the sale of which the price is so fixed.

“(1c.) Where the Commissioner makes an order in the form authorized by the last preceding sub-regulation, the Commissioner shall, on application by a seller of the goods to which the order relates, furnish him with a copy of the list of prices referred to in the order”;

(c) by omitting from paragraph (b) of sub-regulation (2.) all the words after the words “may be supplied or carried on” and inserting in their stead the following sub-paragraphs:—

“(i) by any person shall be such rate as is fixed by the Commissioner by notice in writing to that person; or

(ii) by any body or association of persons, or any member of any such body or association, shall be such rate as is fixed by the Commissioner by notice in writing to that body or association.”;

(d) by inserting after sub-regulation (2a.) the following sub-regulations:—

“(2b.) The power conferred by paragraph (a)of sub-regulation (2.) of this regulation to fix and declare by order published in the Gazette the maximum rate at which any declared service may be supplied or carried on shall for all purposes be deemed to be validly exercised by an order so published which fixes any such rate by reference to a list of rates approved by the Commissioner and issued by a body or association of persons which is recognized by the Commissioner to be representative of the persons who supply or carry on the service to which the order relates.

“(2c.) Where the Commissioner makes an order in the form authorized by the last preceding sub-regulation, the Commissioner shall, on application by any person who supplies or carries on the service to which the order relates, furnish him with a copy of the list of rates referred to in the order.”;

(e) by inserting after sub-regulation (2c.) the following sub-regulations:—

“(3.) The Commissioner shall not exercise the powers conferred by paragraph (5) of sub-regulation (1.), or paragraph (b)of sub-regulation (2.), of this regulation to fix by notice in writing to a body or association of persons the maximum price or rate at which the members of that body or association shall sell any goods or supply or carry on any service, unless that body or association—

(a)is recognized by the Commissioner as representative of the producers or manufacturers of or traders in those goods or of the persons who supply or carry on that service; and

(b) has requested the Commissioner in writing to exercise those powers.

“(3a.) Where the Commissioner fixes by notice in writing to a body or association of persons the maximum price or rate at which the members of that body or association may sell any goods or supply or carry on any service—

(a) the secretary or other proper officer of the body or association shall—

(i) upon receipt of the notice, forthwith acknowledge its receipt by telegram addressed to the Commissioner and communicate to the members, by letter or telegram, its contents and the date upon which he received it;

(ii) make a record of the time at which and the manner in which he communicates to each member the matters specified in the last preceding paragraph; and

(iii) produce the record for inspection on demand by the Commissioner;

(b)the contents of the notice, if communicated by letter, shall be presumed, unless the contrary is proved, to have been communicated to a member at the time at which the letter would he delivered to him in the ordinary course of post; and

 

(c) the notice shall take effect, in respect of any member, upon communication to him of its contents or upon the expiration of seven days from its receipt by the secretary or other proper officer of the body or association, whichever is the earlier”; and

(f) by re-numbering sub-regulations (3.), (4.) and (5.) (made by Statutory Rules 1940, No. 176) as sub-regulations (4.), (5.) and (6.), respectively.

(2.) Any order which the Commonwealth Prices Commissioner made or purported to make in pursuance of regulation 23 of the National Security (Prices) Regulations and which immediately before the commencement of the last preceding sub-regulation was unrevoked shall, notwithstanding the amendments effected in that regulation by paragraph (e) of the last preceding sub-regulation, have the same force and effect as if made under that regulation as so amended.

Offering to pay higher price for declared goods, &c.

2. Regulation 32 of the National Security (Prices) Regulations is amended by inserting, after the words “shall not”, the word “knowingly”.

3. After regulation 45 of the National Security (Prices) Regulations the following regulation is inserted:—

Manner in which notice in writing may be given.

“45a. A notice in writing for the purposes of these Regulations may be given—

(a)to any person, by delivering it by hand or by sending it by post in a letter addressed to that person at his last known or usual place of abode or place of business; or

(b)to any body or association of persons, by delivering it by hand to the secretary or other proper officer of the body or association, or by sending it by post in a letter addressed to him at the last known or usual place of business of the body or association”.

 

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