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

STATUTORY RULES.

1947. No. 88.

 

REGULATIONS UNDER THE DEFENCE (TRANSITIONAL PROVISIONS) ACT 1946.*

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 Defence (Transitional Provisions) Act 1946.

Dated this seventh day of July, 1947.

W. J. McKell

Governor-General.

By His Excellency’s Command,

BEN. COURTICE

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

  

Amendment of the National Security (Prices) Regulations. 

Sale of goods and supply of service in one transaction.

1. Regulation 23a of the National Security (Prices) Regulations is amended by omitting sub-regulation (2.) and inserting in its stead the following sub-regulations:—

“(2.) For the purposes of regulations 28, 30, 31, 32, 35, 45 and 49 of these Regulations, a transaction in respect of which a maximum remuneration has been fixed under the last preceding sub-regulation shall be deemed to be the supply of a declared service at a rate equal to the undivided remuneration charged, and the maximum remuneration so fixed shall be deemed to be the maximum rate fixed under these Regulations for the supply of that service.

“(3.) For the purposes of these Regulations, and of any order or notice under these Regulations, whether made or given before or

 

* Notified in the Commonwealth Gazette on 8th July, 1947.

  Being the Regulations having that title as in force under the Defence (Transitional Provisions) Act 1946, as amended by Statutory Rules 1947, No. 36. 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, 88, 94, 113, 152 and 192; 1945, Nos. 7, 24, 47, 52 and 113; and 1946, Nos. 12, 19, 71, 93 and 148. These Regulations were also amended by the Defence (Transitional Provisions) Act 1946.

4072.—Price 3d.

after the commencement of this sub-regulation, unless the contrary intention appears—

(a)the sale of any goods shall be deemed to include the supply, in connexion with the sale (whether or not for a separate remuneration) of any service customarily supplied by vendors in connexion with such a sale without any separate remuneration; and

(b) the supply or carrying on of any service shall be deemed to include the sale or supply, in connexion with the service (whether or not for a separate price or remuneration) of any goods customarily sold or supplied by persons supplying or carrying on such a service without any separate price or remuneration,

“(4.) For the purposes of these Regulations, and of any order or notice under these Regulations, whether made or given before or after the commencement of this sub-regulation, the sale of any declared goods and the supply of any declared service for an undivided remuneration, if—

(a) no maximum remuneration applicable to the transaction as a whole has been fixed under these Regulations; and

(b) the transaction as a whole is not one which is, by reason of the last preceding sub-regulation, deemed to be either a sale of goods or the supply of a service,

shall be deemed to be—

(c) a sale of the declared goods at a price equal to so much of the undivided remuneration as bears to the whole of the undivided remuneration the same proportion as the maximum price fixed under these Regulations for the sale of the goods bears to the sum of that fixed price and the maximum rate fixed under these Regulations for the supply of the service; and

(d)a supply of the service at a rate equal to the remaining part of the undivided remuneration.”.

Effect of certain orders.

2. Any order or notice made or given under the National Security (Prices) Regulations before the commencement of these Regulations and unrevoked at the commencement of these Regulations shall, from the commencement of these Regulations, have the same force and effect as if regulation 23a of the National Security (Prices) Regulations, as amended by these Regulations, had been in force at the time when the order or notice was made or given.

 

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