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

STATUTORY RULES.

1942. No. 513.

 

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-fifth day of November, 1942.

(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. 

Definitions.

1. Regulation 3 of the National Security (Prices) Regulations is amended—

(a) by omitting the definition of “declared service” and inserting in its stead the following definition:—

“‘declared service’ means any service declared by the Minister, by notice in the Gazette, to be a declared service for the purpose of these Regulations;”; and

(b) by inserting, after the definition of “repealed regulations”, the following definition:—

“service” means—

(a) any service supplied or carried on by any person or body of persons, whether incorporated or unincorporated, engaged in a public utility undertaking or an industrial or commercial enterprise; and

 

* Notified in the Commonwealth Gazette on , 1942.

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

 

(b)any rights or privileges for which remuneration is payable in the form of royalty, stumpage, tribute or other levy based on volume or value of goods produced,

and includes any other undertaking or service which is declared by the Minister, by notice in the Gazette, to be in his opinion essential to the life of the community.

Declaration of secrecy.

2. Regulation 11 of the National Security (Prices) Regulations is amended—

(a) by omitting from sub-paragraph (i) of paragraph (a) of sub-regulation (4.) the word “and” (last occurring); and

(b) by inserting, after paragraph (a) of that sub-regulation, the following paragraph:—

“(aa)the Commissioner, a Deputy Commissioner or any person thereto authorized by the Commissioner from communicating to the Commissioner of Taxation or a Deputy Commissioner of Taxation any information for the purpose of the administration of any law of the (Commonwealth relating to taxation; and”.

Power to obtain information.

3. Regulation 17 of the National Security (Prices) Regulations is amended by omitting from sub-regulation (1.) the words “any matter” and inserting in their stead the words “any goods or services, whether declared or not, or to any other matter”.

Power to declare goods and services.

4. Regulation 22 of the National Security (Prices) Regulations is amended by omitting the word “declared” from the proviso to sub-regulation (2.).

5.Regulation 26 of the National Security (Prices) Regulations is repealed and the following regulation inserted in its stead:—

Inter-wholesale transactions.

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

“Provided that the buyer may sell such goods at a price not greater than the maximum price at which the seller was entitled to sell them in similar quantities at the time of sale and the onus of ascertaining such maximum price shall be upon the buyer:

“(2.) A wholesaler who purchases any declared goods from a retailer shall not sell those goods at a price in excess of the cost to the retailer and the onus of ascertaining such cost shall be upon the wholesaler.

“(3.) Nothwithstanding anything contained in sub-regulation (1.) of this regulation, the buyer may sell any goods at a price not exceeding the maximum price which, after application by the buyer, the Commissioner declares to him in writing.

“(4.) For the purpose of this regulation, the buyer may request the 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 seller shall thereupon furnish in writing such information to the buyer.

 

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

“(6.) In this regulation, ‘wholesaler’, in respect of any goods, means any person who purchases those goods and sells or supplies them—

(a) for re-sale or for manufacture for sale; or

(b) to the Commonwealth where the value of the goods is in any one month Twenty-five pounds or over,

and includes any retail trader who purchases those goods from any other retail trader and sells them.

6. Regulation 27 of the National Security (Prices) Regulations is repealed and the following regulation inserted in its stead:—

Statements that prices have been approved by the Commissioner prohibited without his approval.

“27.—(1.) Subject to the next succeeding sub-regulation, a person shall not—

(a) publish, print, circulate, announce (by way of broadcast by wireless transmission) or make public in any other manner whatsoever, or cause to be published, printed, circulated, announced (by way of broadcast by wireless transmission) or made public in any other manner whatsoever any notification relating to any goods or service; or

(b) sell or offer for sale any goods having affixed thereto or associated therewith any label, brand or other mark,

containing words stating or implying that any price or rate specified in any such notification with respect to any such goods or service has been approved by the Commissioner.

“(2.) Any person may, with the approval of the Commissioner, include in any such notification a statement in such form as is approved by the Commissioner including an approval number allotted by the Commissioner to the particular approval, stating that any price or rate specified therein has been approved by the Commissioner.”.

7. Regulation 28 of the National Security (Prices) Regulations is repealed and the following regulation inserted in its stead:—

Sale of goods subject to condition to refund excess price prohibited.

“28. A person shall not, unless the consent in writing of the Commissioner has first been obtained—

(a) sell or offer for sale goods, or supply or offer to supply any declared service at a price or rate greater than the maximum price or rate fixed for those goods or that service under these Regulations subject to a condition that the difference between those prices or those rates will be refunded if the higher price or rate is not approved at a later date by the Commissioner; or

(b) sell or offer for sale any declared goods, or supply or offer to supply any declared service, subject to a condition requiring the buying of any other goods or the supply of any other services, whether declared or not declared.”.

 

Offence to sell at price higher than maximum price.

8. Regulation 29 of the National Security (Prices) Regulations is amended—

(a) by omitting sub-regulation (1.) and inserting in its stead the following sub-regulations:—

“(1.) A person shall not—

(a) sell or offer for sale any declared goods at a greater price than the maximum price fixed in relation thereto under these Regulations for the sale of those goods; or

(b)without the prior approval of the Commissioner, sell or offer for sale any declared goods upon terms or conditions different from the terms or conditions upon which substantially identical goods were sold by him on the prescribed date if such sale or offer for sale upon such terms and conditions would result directly or indirectly—

(i) in a greater price than the maximum price fixed in relation thereto being obtained; or

(ii) in any other manner to the advantage of the seller.

“(1a.) In addition to any other penalty that may be imposed for a breach of sub-regulation (1.) of this regulation, the Court may order the defendant to refund to the purchaser the difference between the maximum price so fixed and the price at which the goods were sold and the like proceedings may be taken upon the order as if the order had been a judgment of the Court in favour of the purchaser.”;

(b) by omitting sub-regulations (4.) and (5.); and

(c) by adding at the end thereof the following sub-regulation:—

“(7.) In this regulation, ‘prescribed date’, in relation to the sale or offer for sale of any declared goods, means such date as is declared to be the ‘prescribed date’ in any order made with respect to those goods under regulation 23 of these Regulations.”.

Charging excessive rate for services, an offence.

9. Regulation 30 of the National Security (Prices) Regulations is amended—

(a) by omitting sub-regulation (1.) and inserting in its stead the following sub-regulation:—

“(1.) A person shall not—

(a) supply or offer to supply any declared service at a higher rate than the maximum rate fixed in relation thereto under these Regulations; or

(b)without the approval of the Commissioner, supply or offer to supply any declared service upon terms and conditions different from the terms and conditions upon which a substantially identical service was supplied by him on the prescribed date if such supply or offer to supply upon such terms and conditions would result directly or indirectly—

(i) in a greater rate than the maximum rate fixed in relation thereto being obtained; or

(ii) in any other manner to the advantage of the supplier.”; and

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

“(3.) In this regulation, ‘prescribed date’, in relation to the supply or offer to supply any declared service, means such date as is declared to be the ‘prescribed date’ in any order made with respect to that service under regulation 23 of these Regulations.”.

10. After regulation 32 of the National Security (Prices) Regulations the following regulations are inserted:—

Averment of prosecution.

“32a.—(1.) In any prosecution for a contravention or failure to comply with any provision of these Regulations or with any order made in pursuance of any such regulation, the averment of the prosecutor contained in the information or complaint shall be prima facie evidence of the matter or matters averred.

(2.) The last preceding sub-regulation shall apply to any matter so averred although—

(a) evidence in support or rebuttal of the matter averred or of any other matter is given by witnesses; or

(b)the matter averred is a mixed question of law and fact, but in that case the averment shall be prima facie evidence of the fact only.

Production of genuine invoices as evidence.

“32b. Where in a defence to a prosecution under these Regulations it is pleaded that the price at which any goods were sold was justified by the cost at which such goods or the raw materials used in the manufacture of such goods were purchased, evidence as to the cost of such goods or raw materials, as the case may be, shall be supported by genuine invoices showing full particulars of the cost, including the date of purchase, and the name and place of business of the supplier and the onus of proof of the genuineness of such invoices shall be on the defendant.”.

11. Regulation 45 of the National Security (Prices) Regulations is repealed and the following regulation inserted in its stead:—

Lists of fixed prices and rates to be exhibited in shops.

“45.—(1.) The Commissioner may, by order published in the Gazette, require any trader or class of trader who sells or has for sale any declared goods or who supplies or carries on any declared service, the maximum price of, or the maximum rate for, which is fixed by or under these Regulations, to exhibit in a prominent position or positions in his place of business a notice or notices, in a form approved by the Commissioner, setting forth such particulars relating to any such declared goods or service as are specified by the Commissioner.

“(2.) The notice shall be exhibited in such a place or places in the trader’s place of business and be prepared in such a manner as to be easily legible to any person contemplating making any purchase or conducting any business at the trader’s place of business.

“(3.) The Commissioner or a Deputy Commissioner, or an authorized officer may if, in his opinion, the notice is not easily legible to persons contemplating making any purchase or conducting any business at the trader’s place of business, direct that it be exhibited in such other place in the trader’s place of business as he thinks fit, and the owner or person in charge of the trader’s place of business shall forthwith cause it to be exhibited in such other place.

“(4.) The Commissioner, a Deputy Commissioner, or an authorized officer may, at any time, by notice in writing, require the owner or person in charge of any trader’s place of business to furnish him with a copy of any notice purporting to be exhibited in pursuance of this regulation, such copy to be certified by the owner or person in charge as a true copy of the notice exhibited with his authority.

“(5.) A person shall not refuse or fail to exhibit any notice required by, or to comply with any direction or requirement given or made under, this regulation, or exhibit a notice which is incorrect or incomplete in any particular.”.

Saving of power of States to fix prices of other goods.

12. Regulation 48 of the National Security (Prices) Regulations is amended by omitting the word ‘‘declared” (wherever occurring).

13. Regulation 49 of the National Security (Prices) Regulations is repealed and the following regulation inserted in its stead:—

Books, accounts, &c, to be kept and preserved.

“49. Every person engaged in the production, manufacture, sale or supply of any goods and every person supplying or carrying on a service shall, for the purposes of these Regulations, keep proper books and accounts, and stock and costing records where applicable, and shall preserve those books and accounts and stock and costing records, including all copies of invoices and all vouchers, agreements, correspondence, cables, telegrams, stock sheets and other documents relating to his purchases of stock, costs and sales of any goods or relating to any service supplied or carried on by him, until their destruction is authorized by the Commissioner.”.

Amendment of the Schedule.

14. The Schedule to the National Security (Prices) Regulations is amended by omitting “Forms B. and C”.

 

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