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

STATUTORY RULES.

1939. No 114.

 

REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939.*

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.

Dated this fifth day of October, 1939.

GOWRIE

Governor-General.

By His Excellency’s Command,

JOHN N. LAWSON

for Minister of State for Defence.

 

Amendment of the National Security (Prices) Regulations. 

Definition of “declared service”.

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

(a) by inserting, after the definition of “declared goods”, the following definition:—

“‘declared service’ means 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, including any undertaking or service which, in the opinion of the Minister, is essential to the life of the community, which service is declared by the Minister, by notice in the Gazette to be a declared service for the purposes of these Regulations;”; and

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

‘“public utility undertaking’ means any of the following undertakings the carrying on of which is authorized by or under any law, that is to say:—

(a) any undertaking for the supply of electricity, gas or water;

(b) any transport, dock, harbour or pier undertaking;

(c) any sewerage or sewage disposal undertaking, or any undertaking for the collection or disposal of refuse; or

(d) any undertaking of a drainage authority,

and includes any such undertaking which is carried on by a local governing authority.”.

 

* Notified in the Commonwealth Gazette on 5th October, 1939.

 Statutory Rules 1939, No. 110.

5939.—Price 3d.

 

Returns to be furnished.

2. Regulation 15 of the National Security (Prices) Regulations is amended by inserting, after sub-regulation (1.), the following sub-regulation:—

“(1a.) The Commissioner or a Deputy Commissioner may, by notice, require any person or body of persons engaged in the supply or carrying on of any declared service to furnish to him, or to an authorized officer, a return setting forth to the best of the person’s knowledge and ability such particulars relating to such declared service as are specified in the notice.”.

Power to declare services.

3. Regulation 17 of the National Security (Prices) Regulations is amended by inserting, after sub-regulation (1.), the following sub-regulation:—

“(1a.) The Minister may, by notice in the Gazette, declare any service to be a declared service for the purpose of these Regulations.”

Determination of rates chargeable for declared services.

4. Regulation 18 of the National Security (Prices) Regulations is amended—

(a) by inserting, after sub-regulation (1.), the following sub-regulation—

“(1a.) The Commissioner may, from time to time, in his absolute discretion, by order published in the Gazette fix and determine the maximum rates which may be charged for, and the conditions of the performance of, any declared service.”; and

(b) by inserting in sub-regulation (4.), after the word “price”, the words “or rate”.

5. After regulation 20 of the National Security (Prices) Regulations, the following regulation is inserted:—

Charging excessive rate for services, an offence.

“20a.—(1.) A person shall not charge for any declared service any higher rate than the maximum rate fixed in relation thereto under these Regulations.

(2.) For the purposes of this regulation, any person on whose behalf or at whose place of business there is charged for any declared service any higher rate than the maximum rate fixed in relation thereto under these Regulations, whether the rate is charged contrary to the instructions of the person or not, shall contravene the provisions of this regulation.”.

 

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