National Security (Prices) Regulations (Cth)

STATUTORY RULES.

1940. No. 176.

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 Second, day of August, 1940.

(SGD.) GOWRIE.

Governor-General.

By His Excellency’s Command,

Minister of State for Defence Co-ordination.

 

National Security (Prices) Regulations.

Short title.

1. These Regulations may be cited as the National Security (Prices) Regulations.

Repeal.

2. The National Security (Prices) Regulations (being Statutory Rules 1939, No. 110, as amended by Statutory Rules 1339, Nos. 114, 119, 127, 152 and 166; and 1940, Nos. 12, 33 and 112) are repealed.

Existing officers, declarations, orders, &c.

3.—(1.) The Commissioner, and each Deputy Commissioner and adviser appointed under or by virtue of the repealed Regulations, and holding office at the commencement of these Regulations, shall remain in office as if these Regulations had been in force at the time they were appointed, and they had been appointed thereunder, and these Regulations shall apply to them accordingly.

(2.) All declarations, orders, determinations, delegations, authorities and notifications made, published or given under the repealed Regulations, which are in force at the commencement of these Regulations, shall, except so far as they are inconsistent with these Regulations, be deemed to have been made, published or given under these Regulations, and any reference in any such declaration, order delegation, authority or notification to any regulation repealed by these Regulations shall be construed as a reference to the corresponding provision of these Regulations.

Definitions.

3. In these Regulations, unless the contrary intention appears—

“authorized officer” means any person appointed by the Commissioner or a Deputy Commissioner to be an authorized officer for the purposes of these Regulations;

 

* Notified in the Commonwealth Gazette on  , 1940.

4443.—8/13.8.1940.—Price 1s.

 

“declared goods” means any goods declared by the Minister, by notice in the Gazette, to be declared goods for the purposes of these Regulations;

“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;

“Deputy Commissioner” means a Deputy Prices Commissioner appointed by the Minister for the purposes of these Regulations;

“price” includes every valuable consideration whatsoever, whether direct or indirect;

“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;

“rate” includes every valuable consideration whatsoever, whether direct or indirect;

“repealed regulations” mean the Regulations repealed by regulation 2 of these Regulations;

“the Commissioner” means the Commonwealth Prices Commissioner appointed for the purposes of these Regulations;

“the Gazette” includes, in relation to any Territory not being part of the Commonwealth, the Gazette of that Territory;

“the Minister” means the Minister of State for Trade and Customs,

Appointment of Prices Commissioner.

4. The Governor-General may appoint a Commonwealth Prices Commissioner who shall hold office during the pleasure of the Governor-General and who shall have and may exercise such powers and functions as are conferred on him by these Regulations.

Salary of Commissioner.

5. The Commissioner shall be paid such remuneration by way of salary and allowances as the Minister determines.

Leave of absence.

6. The Governor-General may grant to the Commissioner leave of absence for recreation for any period or periods not exceeding eighteen days on the whole in each year, exclusive of Sundays and holidays.

Acting Commissioner.

7. In the case of the illness or absence of the Commissioner, or in the event of the office of Commissioner becoming vacant, the Governor-General may appoint a person to be Acting Commissioner during the

 

illness or absence of the Commissioner, or until the appointment of a Commissioner, as the case may be, and the Acting Commissioner shall have all the powers and perform all the duties of the Commissioner.

Advisers.

8.—(1.) The Commissioner may, if he thinks fit, for the purposes of any investigation or inquiry, call in the aid of advisers possessing expert or business knowledge.

(2.) The advisers shall be appointed by the Minister, and shall hold office during the pleasure of the Minister.

(3.) An adviser appointed in pursuance of the last preceding sub-regulation shall receive such remuneration for his services, and travelling allowance at such rates, as the Minister determines.

Appointment of Deputy Commissioners.

9.—(1.) For the purposes of these Regulations, the Minister may appoint in each State, and in each Territory being part of the Commonwealth, a Deputy Prices Commissioner, who shall hold office during the pleasure of the Minister.

(2.) A Deputy Commissioner shall be paid such remuneration by way of salary and allowances as the Minister determines.

(3.) The Minister may grant to a Deputy Commissioner leave of absence for recreation for any period or periods not exceeding eighteen days on the whole in each year, exclusive of Sundays and holidays.

(4.) It shall be the duty of each such Deputy Commissioner to furnish reports and make recommendations to the Commissioner upon all matters referred to him by the Commissioner, and upon such other matters arising under these Regulations as he thinks fit.

(5.) In the case of the illness or absence of a Deputy Commissioner, or in the event of the office of a Deputy Commissioner becoming vacant, the Minister may appoint a person to be Acting Deputy Commissioner during the illness or absence of the Deputy Commissioner, or until the appointment of a Deputy Commissioner, as the case may be, and the Acting Deputy Commissioner shall have all the powers and perform all the duties of the Deputy Commissioner.

Administration of portion of State adjoining another State.

10. If the Minister declares, by notice in the Gazette, that, for the purposes of the administration of these Regulations, any portion of a State or Territory is attached to any adjoining State, the Deputy Commissioner in that adjoining State shall be the Deputy Commissioner in the portion so attached.

Declaration of secrecy.

11.—(1.) The Commissioner, and each Deputy Commissioner, adviser and person exercising any power or performing any duty under these Regulations shall, before entering on his duties under these Regulations, sign a declaration of secrecy in accordance with Form A in the Schedule to these Regulations.

(2.) All declarations of secrecy under these Regulations shall be lodged with, and retained by, the Commissioner, or, if so directed by the Commissioner, by the Deputy Commissioner in the State in which the person making the declaration is employed.

(3.) A person shall not, except in the course of his duty under these Regulations, directly or indirectly communicate or divulge any information relating to any matter which comes to his knowledge in consequence of his official position.

 

(4.) Nothing in this regulation shall be deemed to prohibit the Commissioner, whenever he considers it necessary or desirable in the interest of justice so to do, from communicating to the Attorney-General of a State any information, which has, whether before or after the commencement of these Regulations, come to his knowledge in consequence of his official position and which makes it appear that any person has committed, or is suspected of having committed, or is about to commit, an offence against any law of that State.

(5.) Any declaration of secrecy made in pursuance of regulation 7 of the repealed Regulations shall be deemed to have been made under these Regulations.

The Minister, Commissioner, &c., not compellable witnesses.

12. The Minister or the Commissioner, or a person who is or has been a Deputy Commissioner, or an adviser shall not be a compellable witness in any proceedings against any person for contravening or failing to comply with—

(a) any provision of these Regulations or of the repealed Regulations; or

(b) any provision of the Defence (National Security—General) Regulations; or

(c) any provision of any order made in pursuance of any provision of those Regulations, regulating the sale or purchase of any articles or controlling the prices at which articles may be sold.

Powers of Commissioner and Deputy Commissioners.

13.—(1.) The Commissioner, each Deputy Commissioner, and any officer thereto authorized in writing by the Commissioner shall severally have power to—

(a) summon witnesses;

(b) take evidence on oath; and

(c) require the production of documents, books and papers.

(2.) Witnesses summoned in pursuance of sub-regulation (1.) of this regulation may be paid such fees and allowances as are fixed by the Governor-General.

Failure of witness to appear.

14. A person, having been summoned as a witness in pursuance of regulation 13 of these Regulations, shall not fail, without lawful excuse, to appear in obedience to the summons.

Failure to be sworn, produce documents, or answer questions.

15. A person, having appeared as a witness before the Commissioner or a Deputy Commissioner or an officer authorized in writing by the Commissioner, whether summoned so to appear or not, shall not refuse, without lawful excuse, to be sworn, or to make an affirmation, or to produce documents, books and papers, or to answer questions which he is lawfully required to answer.

Affirmation in lieu of oath.

16.—(1.) Where any witness to be examined by the Commissioner, a Deputy Commissioner or an officer authorized by the Commissioner under the last preceding regulation conscientiously refuses to take an oath, he may make an affirmation that he conscientiously objects to take an oath and that he will state the truth, the whole truth and nothing but the truth, to all questions asked him.

(2.) An affirmation so made shall be of the same force and effect, and shall entail the same liabilities, as an oath.

 

Power to obtain information.

17.—(1.) The Commissioner, a Deputy Commissioner or an authorized officer may require any person—

(a) to furnish him with such information as he requires; or

(b) to answer any question put to him,

in relation to any matter arising under these Regulations.

(2.) A person shall not, when so required under sub-regulation (1.) of this regulation—

(a) refuse or fail to furnish any information or to answer any question; or

(b) give any information or make any answer which is false in any particular.

Power to enter premises and inspect documents.

18.—(1.) The Commissioner, a Deputy Commissioner or any authorized officer may enter upon and search any premises and inspect any documents, books and papers and may inspect and take samples of any stocks of declared goods or of any other goods.

(2.) The Commissioner or a Deputy Commissioner or any authorized officer may impound or retain any documents, hooks and papers produced to him or inspected by him in pursuance of this regulation and may make copies or abstracts of those documents, books and papers, or of any entries therein, but the person entitled to those documents, books and papers, shall, in lieu thereof, be entitled within a reasonable time to a copy certified as correct by the Commissioner or a Deputy Commissioner, and such certified copy shall be received in all Courts as evidence and as of equal validity to the original.

(3.) Any documents, books or papers impounded or retained at the commencement of these Regulations in pursuance of sub-regulation (2.) of regulation 10 of the repealed Regulations, shall be deemed to have been impounded or retained in pursuance of the last preceding sub-regulation.

Preventing Commissioner, Deputy Commissioner or authorized officer from entering premises, &c.

19. A person shall not prevent or attempt to prevent the Commissioner, a Deputy Commissioner, or an authorized officer, from entering upon any premises, or inspecting any documents, books and papers, or inspecting or taking samples of any stocks of any declared goods, or any other goods, or from making copies or abstracts of any documents, books and papers, or of any entries therein.

Commissioner or Deputy Commissioner may require returns to be furnished.

20.—(1.) The Commissioner or a Deputy Commissioner may, by notice, require any person to furnish to him or to an authorized officer, within a specified time and in a specified form, a return setting forth to the best of the person’s knowledge and ability the following particulars or such of them as are specified in the notice, namely:—

(a) the quantity of any goods in his possession or under his control at a specified date;

(b) the cost to that person of those goods;

(c) the methods and principles in accordance with which he arrives at that cost;

(d) where the maximum price of the goods has not been fixed in pursuance of the repealed Regulations or these Regulations, the prices, wholesale or retail, at which, and conditions on which, he has sold, sells or proposes to sell the goods;

 

(e) the price, wholesale or retail, charged by the person on the thirty-first day of August, 1939, or on such other date as the Commissioner or a Deputy Commissioner specifies, for the goods and the conditions of any such sale; and

(f) such further particulars as are specified in the notice.

(2.) 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 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 service as are specified in the notice.

(3.) Any notice given under this regulation may be either a notice given to such person individually or a notice to such persons or a class of such persons generally; and such last-mentioned notice shall be published in the Gazette and in such newspapers (if any) as the Commissioner or a Deputy Commissioner directs.

(4.) The return shall be verified by statutory declaration.

(5.) Any return furnished by any person under this regulation shall, in any proceedings under these Regulations, be admissible in evidence against that person.

(6.) A person shall not—

(a) fail to comply with any of the requirements of any such notice; or

(b) wilfully furnish any false or misleading return.

Proclaimed areas.

21.—(1.) The Commissioner may, from time to time, by notice in the Gazette, declare that any area specified by him shall, for the purposes of these Regulations, be a proclaimed area or part of a proclaimed area, and thereupon the area shall, so long as the declaration remains in force, he deemed to be a proclaimed area or part thereof, as the case may be.

(2.) The Commissioner may, from time to time, by notice in the Gazette, declare that any proclaimed area, or any part thereof, shall cease to be a proclaimed area, or part thereof (as the case may be), and thereupon such area or part shall cease to be a proclaimed area or part thereof, as the case may be.

Power to declare goods and services.

22.—(1.) The Minister may, by notice in the Gazette, declare any goods to be declared goods for the purposes of these Regulations.

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

(3.) Any declaration by the Minister in pursuance of this regulation may be made generally or in respect of any part of Australia or any proclaimed area.

(4.) Any such notice may, by notice in the Gazette, be amended, varied or revoked by the Minister.

Determination of maximum prices, rates, &c.

23.—(1.) The Commissioner may with respect to any declared goods, from time to time, in his absolute discretion, by order published in the Gazette—

(a) fix and declare—

(i) the maximum price at which any such goods may be sold generally or in any part of Australia or in any proclaimed area;

 

(ii) different maximum prices according to differences in quality or description or in the quantity sold, or in respect of different forms, modes, conditions, terms, or localities of trade, commerce, sale or supply;

(iii) different maximum prices for different parts of Australia, or in different proclaimed areas;

(iv) maximum prices on a sliding scale;

(v) maximum prices on a condition or conditions;

(vi) maximum prices for cash, delivery or otherwise, and in any such case inclusive or exclusive of the cost of packing or delivery;

(vii) maximum prices on landed or other cost, together with a percentage thereon or a specified amount, or both; and

(viii) maximum prices according to or upon any principle or condition specified by the Commissioner; and

(b) in fixing and declaring any maximum price, do so relatively to such standards of measurement, weight, capacity, or otherwise howsoever as he thinks proper, or relatively to prices charged by individual traders on any date specified by the Commissioner, with such variations (if any) as in the special circumstances of the case the Commissioner thinks fit, or so that such price shall vary in accordance with a standard, or time, or other circumstance, or shall vary with profits or wages, or with such costs as are determined by the Commissioner.

(2.) The Commissioner may, with respect to any declared service, from time to time in his absolute discretion, by order published in the Gazette—

(a) fix and declare—

(i) the maximum rate at which any declared service may be supplied or carried on generally or in any part of Australia or in any proclaimed area;

(ii) different maximum rates according to differences in the quality, description or volume of the service supplied or carried on or in respect of different forms, modes, conditions, terms or localities of trade, commerce or supply;

(iii) different maximum rates for different parts of Australia or in different proclaimed areas;

(iv) maximum rates on a sliding scale;

(v) maximum rates on a condition or conditions;

(vi) maximum rates for cash or on terms; and

(vii) maximum rates according to or upon any principle or condition specified by the Commissioner; and

(b) in fixing and declaring any maximum rate, do so relatively to such standards as he thinks proper, or relatively to the rates charged by individual suppliers on any date specified by the Commissioner, with such variations (if

 

any) as in the special circumstances of the case the Commissioner thinks fit, or so that such rate will vary in accordance with a standard, or time, or other circumstance, or shall vary with profits or wages, or with such costs as are determined by the Commissioner.

(3.) The Commissioner may at any time by order published in the Gazette amend, vary or revoke any order made in pursuance of this regulation.

(4.) Every order made under this regulation shall take effect upon the date specified in the order or, if no date is so specified, upon the date of the publication of the Gazette containing it.

(5.) Every order which has been, or is, made under sub-regulation (1.) of this regulation (not being an order in respect of specific goods) shall apply in relation to all goods which are declared, whether before or after the making of the order, to he declared goods and in respect of which the declaration is in force.

Power of Minister to suspend order, &.c.

24.—(1.) Notwithstanding anything contained in these Regulations, the Minister may request the Commissioner to consider further any matter dealt with by any order made under the last preceding regulation, or any part of any such order, and the Commissioner shall, within twenty-eight days from the date of any request so made, report thereon to the Minister.

(2.) Notwithstanding anything contained in these Regulations, the Minister may, by notice in the Gazette, suspend the operation of any order made under the last preceding regulation, or any part of any such order, for a period not exceeding twenty-eight days from the date of his request.

(3.) Upon the publication of the notice, the maximum price or rate (if any) which prevailed prior to the making of the order which has been suspended shall apply during the period of the suspension.

(4.) The Commissioner shall—

(a) within the period specified in the notice of suspension, report thereon to the Minister; and

(b) within such period, by order published in the Gazette, confirm, amend, vary or revoke the order or part so suspended in conformity with his report to the Minister,

and, on receipt of the report of the Commissioner, the Minister shall, by notice in the Gazette, remove the suspension.

Sales for export.

25. Notwithstanding anything contained in these Regulations, the Commissioner may, on application by an exporter of declared goods, and subject to such conditions as the Commissioner determines, approve of the sale of such goods for export at a price exceeding the maximum price fixed for those goods in pursuance of sub-regulation (1.) of regulation 23 of these Regulations.

Inter-wholesale transactions.

26.—(1.) Subject to the next succeeding sub-regulation, where the maximum price at which any declared goods may be sold by a wholesaler has been fixed by the Commissioner, any wholesaler—in this regulation referred to as “the buyer”—who purchases any such goods from any other wholesaler—in this regulation referred to as “the seller”—shall not sell those goods at a greater price than the maximum price at which the seller was entitled to sell them.

 

(2.) In special circumstances and subject to such conditions as he determines, the Commissioner may, notwithstanding anything contained in these Regulations, give a general or specific approval in writing to the buyer to sell any such goods at a price greater than the maximum price fixed for those goods under these Regulations.

(3.) In the case of any goods, other than declared goods, the seller shall state to the buyer in writing the price at which, on the date of sale, he was selling goods substantially identical in quantity and quality to retailers or other traders for re-sale or for manufacture and the buyer shall not, unless the consent in writing of the Commissioner has first been obtained, sell such goods at a price in excess of the price so stated.

(4.) In this regulation, “wholesaler” includes any person who purchases goods and sells or supplies any such goods for the purpose of re-sale or manufacture.

Catalogues, &c., not to state without authority that prices therein have been approved by the Commissioner.

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

(a) publish, print or circulate, or cause to be published, printed or circulated, any catalogue, circular letter, pamphlet, price-list, handbill, card or poster 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 notification,

containing words stating or implying that any price specified in such catalogue, circular letter, pamphlet, price-list, handbill, card or poster, label, brand or notification for such goods or service has been approved by the Commissioner.

(2.) Any person may, with the approval of the Commissioner, include in any catalogue, circular letter, pamphlet, price-list, handbill, card or poster a statement, or affix to any goods a label, brand or notification 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.

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

Offence to sell at price higher than maximum.

29.—(1.) A person shall not 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, and in case of sale, in addition to any other penalty that may be imposed, 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.

(2.) A certificate by the Commissioner or a Deputy Commissioner specifying the difference between the maximum price fixed, in relation to the goods, the sale of which is the subject of any proceedings under sub-regulation (1.) of this regulation, and the price at which the goods were sold shall be prima facie evidence of the matters stated therein.

 

(3.) For the purposes of this regulation, any person on whose behalf or at whose place of business any declared goods are sold or offered for sale at a greater price than the maximum price fixed, in relation thereto, under these Regulations, for the sale of those goods, whether the goods are sold or offered for sale contrary to the instructions of the person or not, shall be deemed to have contravened the provisions of this regulation.

(4.) In any proceedings for a contravention or failure to comply with any provision of these Regulations or with any order made in pursuance of any of these Regulations the averment of the prosecutor contained in the information or complaint shall be prima facie evidence of the matter or matters averred.

(5.) 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.

(6.) For the purposes of this regulation, a person shall be deemed to offer goods for sale if he notifies the price proposed by him for a sale of the goods by the publication of a price list, by exposing the goods for sale in association with a mark indicating price, by furnishing a quotation or otherwise howsoever.

Charging excessive rate for services, an offence.

30.—(1.) A person shall not supply any declared service at a 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 any declared service is supplied at a higher rate than the maximum rate fixed in relation thereto under these Regulations, whether the service is supplied at such rate contrary to the instructions of such person or not, shall be deemed to have contravened the provisions of this regulation.

Sale of declared goods with undeclared goods, &c.

31.—(1.) It shall be a defence to a proceeding for an offence against regulation 29 or regulation 30 of these Regulations, if the party alleged to have contravened either of those regulations proves—

(a) that the declared goods or declared service, or both, were supplied with undeclared goods or an undeclared service, or both, at a total price; and

(b) that the price for that portion of the total sale represented by the undeclared goods or undeclared service, as the case may be, was reasonable having regard to the cost or current market value of the undeclared goods or undeclared service.

(2.) In this regulation—

“undeclared goods” means goods other than declared goods; and

“undeclared service” means a service other than a declared service.

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

32. A person shall not—

(a) pay for or offer to pay for;

(b) hold himself out as being willing to pay for, or to offer to pay for, or as being willing or able to obtain another person to pay for; or

(c) offer to act in connexion with the payment for.

 

any declared goods or declared service at a greater price or rate (whether by way of premium or otherwise howsoever) than the maximum price or rate fixed in relation thereto under these Regulations for the sale of those goods or the supply of that service.

Meaning of “wholesale” and “retail”

33. In these Regulations and in any order made thereunder fixing the maximum price for the sale of any declared goods, the following expressions shall, unless, the contrary intention appears in the Regulations or the order, have the meanings respectively assigned to them hereunder—

“landed cost” means the actual cost of landing the declared goods in the store in Australia of the person to or for whom, or on whom behalf, the declared goods were originally supplied or ordered or at such other point of delivery as is approved by the Commissioner;

“retail” used in relation to any such sale, shall be deemed to refer to a sale to a person for the purposes of consumption or use;

“wholesale” used in relation to any such sale, shall be deemed to refer to the sale or supply to a person for the purpose of resale (including, but without affecting the generality hereof, the sale or supply by an importer, manufacturer or producer to a manufacturer or a wholesale or retail trader); and

the maximum price fixed shall be deemed to include any charge for wrapping the goods.

Refusal, &c., to sell at fixed prices.

34.—(1.) A person who has in his custody or under his control any declared goods for sale in respect of which a maximum price has been fixed under these Regulations, shall not refuse or fail on—

(a) demand of any quantity of the declared goods; and

(b) tender of payment at the price so fixed for the quantity demanded,

to supply any such declared goods in the quantity demanded.

(2.) In any prosecution under this regulation, it shall be a sufficient defence to show that, on the occasion in question—

(a) the defendant supplied a reasonable quantity of the declared goods; or, after making reasonable provision for private consumption or use, had not a sufficient quantity of the declared goods in his custody or under his control to supply the quantity demanded, in addition to the quantity required to satisfy all other contracts, then subsisting, under which he was obliged to supply quantities of the declared gooods for use or consumption within Australia and the ordinary requirements of his business;

(b) the defendant was a wholesale trader in the declared goods and the person who demanded to be supplied was not a manufacturer or a retail trader therein, or in any declared goods made or partly made therefrom; or

(c) the defendant was acting in accordance with a practice for the time being approved by the Commissioner.

(3.) For the purpose of determining what is a reasonable quantity of any declared goods within the meaning of this regulation, regard shall be had to all the circumstance of the case, including the question

 

whether the person who demanded to be supplied was or was not, at the time of the demand, carrying on business as a retail trader in the declared goods demanded, either alone or with other goods.

Refusal to perform service at declared rate.

35.—(1.) A person who supplies or carries on any declared service in respect of which a maximum rate has been fixed under these Regulations shall not refuse or fail on—

(а) demand for the performance of the declared service; and

(b) tender of payment at the rate fixed for such service,

to supply any such declared service.

(2.) In any prosecution under this regulation, it shall be a sufficient defence to show that, on the occasion in question—

(a) the defendant supplied a reasonable portion of the declared service demanded; or, after making reasonable provision for his private use, sufficient service was not under his control to supply the service demanded, in addition to the service required to satisfy all other contracts, then subsisting under which he was obliged to supply that service within Australia, and the ordinary requirements of his business; or

(b) the defendant was acting in accordance with a practice for the time being approved by the Commissioner.

(3.) For the purpose of determining what is a reasonable portion of any declared service within the meaning of this regulation, regard shall be had to all the circumstances of the case, including the question whether the portion of the service demanded represented the normal requirements of the person who demanded its supply to him.

Alteration of size of containers or quantity or ingredients of declared goods.

36.—(1.) A person shall not, without the written consent of the Commissioner—

(a) pack or put up any declared goods in a container of a size smaller than the container ordinarily used by him fit the commencement of the repealed Regulations;

(b) pack or put up in a container a quantity of declared goods smaller than the quantity ordinarily packed or put up by him in a container of that size at the commencement of the repealed Regulations;

(c) alter the formula or recipe ordinarily used by him at the commencement of the repealed Regulations in the manufacture or production of any declared goods; or

(d) as regards any particular declared goods, manufacture the declared goods inferior in quality to the quality manufactured by him or a predecessor in business on or immediately prior to the date of fixation, by order made under these Regulations or the repealed Regulations or the Defence (National Security—General) Regulations, of the maximum price of those declared goods.

(2.) For the purposes of this regulation, proof that at the commencement of the repealed Regulations any person, dealing in the ordinary course of trade in any declared goods in respect of which any proceedings have been instituted, sold or had for sale—

(a) any declared goods purporting to have been packed or put up by the defendant in a container of a certain size, shall be evidence that that was the size of the container

 

ordinarily used by the defendant at the commencement of the repealed Regulations in the packing or putting up of the declared goods;

(b) any declared goods purporting to have been packed or put up by the defendant in a container containing a certain quantity of the declared goods, shall be evidence that that was the quantity ordinarily packed or put up by the defendant at the commencement of the repealed Regulations in a container of that size;

(c) any declared goods (purporting to have been manufactured or produced by the defendant) which appear by analysis or otherwise to have been manufactured or produced in accordance with a certain formula or recipe, shall be evidence that that formula or recipe was that ordinarily used by the defendant at the commencement of the repealed Regulations in the manufacture or production of the declared goods.

(3.) It shall be a defence to a prosecution for an offence against the provisions of paragraph (c) of sub-regulation (1.) of this regulation if the defendant proves that—

(a) the alteration in the formula or recipe was not made in anticipation or consequence of any action under these Regulations in respect of the declared goods the formula or recipe of which was altered; and

(b) the declared goods manufactured or produced in accordance with the formula or recipe as altered were not inferior to those manufactured or produced prior to the alteration.

Speculating in goods.

37.—(1.) A person, not being a bona fide wholesale or retail trader or a bona fide consumer or user, shall not purchase or agree to purchase or otherwise acquire (except by way of bona fide security only) any goods or any right or interest therein, and any goods so purchased or agreed to be purchased or acquired shall be liable to forfeiture as provided in these Regulations.

(2.) In any prosecution for an offence against the last preceding sub-regulation it shall be a sufficient defence to show that the purchase or agreement had not the object or the effect of increasing, directly or indirectly, the price of the goods to the consumer or user.

(3.) This regulation shall not apply in relation to the sale of goods by auction upon the winding up of a business.

Corners and restrictions on circulation of goods.

38.—(1.) A person shall not, with intent to corner the market or restrain trade therein, hold or buy up any goods and store or retain them in his possession or under his control, whether the maximum price thereof has or has not been fixed and declared under these Regulations.

(2.) In addition to any penalty that may be imposed under sub-regulation (1.) of this regulation, the Court may order that the whole of such goods, or such quantity thereof as the Court so orders, shall be forfeited to the Crown.

(3.) When any goods have been forfeited under this or the next succeeding regulation, any authorized officer, or any member of the police force of the Commonwealth, or of a State or Territory, may—

(a) seize any goods which he has reasonable cause to believe are forfeited under these Regulations;

 

(b) store any such goods in any place approved by the Commissioner or a Deputy Commissioner for the purpose; and

(c) sell or otherwise dispose of the goods to such persons or bodies and at such times and in such manner, and upon such terms and conditions, as the Minister directs.

Forfeiture of goods by Minister.

39. If the Minister, upon report by the Commissioner, is satisfied that any person—

(a) is buying up or storing or retaining in his possession or under his control any goods, whether a maximum price thereof has or has not been fixed under these Regulations, with intent to corner the market or to restrain trade therein; or

(b) has in his possession or under his control any such goods, and has failed, on demand and tender of the maximum price, to supply in accordance with the provisions of regulation 34 of these Regulations any particular person or persons with those goods; or

(c) has purchased or acquired or agreed to purchase or acquire any such goods in contravention of regulation 37 of these Regulations,

the Minister may make an order that the goods or any specified quantity thereof be forfeited; and upon publication of the order in the Gazette the whole of the goods, or such specified quantity thereof, shall be forfeited to the Crown.

Seizure and disposal of forfeited goods.

40. When any goods have been so forfeited, any authorized officer or any member of the police force of the Commonwealth, or of a State or Territory, may—

(a) seize any goods which he has reasonable cause to believe are forfeited under these Regulations;

(b) store any such goods in any place approved by the Commissioner or a Deputy Commissioner for the purpose; and

(c) sell or otherwise dispose of the goods to such persons or bodies and at such times and in such manner and upon such terms and conditions, as the Minister directs.

Sales by auction.

41.—(1.) The Commissioner or any Deputy Commissioner may, by notice in writing to any person selling or offering for sale by auction any declared goods, prohibit such sale or permit such sale on such terms and conditions as he thinks fit.

(2.) A person shall not sell or offer to sell by auction any declared goods in contravention of the last preceding sub-regulation.

Payment to former owner of whole or portion of proceeds of sale.

42. When any forfeited goods have been sold under paragraph (c) of sub-regulation (3.) of regulation 38, or under paragraph (c) of regulation 40 of these Regulations, the Minister may, under special circumstances, direct that the whole or any portion of the proceeds of the sale of the goods, less any expenses incurred in connexion with their seizure, storage and sale, be returned to the person who was the owner of the goods prior to their forfeiture.

Power to search for goods.

43. Any authorized officer or any member of the police force of the Commonwealth, or of a State or Territory, may at any time in the day or night enter into and search any premises or vessel or part thereof, where any goods forfeited or liable to seizure under these Regulations

 

are, or are supposed to be, and, if necessary for that purpose, may break into and use force to enter such premises or vessel or part, and may break open and search any chests, trunks, packages, or other things in which any such goods are or are supposed to be.

Power to requisition goods.

44.—(1.) Where the Minister, after receipt of a report from the Commissioner, is satisfied that it is necessary or expedient so to do in the interests of the public safety, the defence of the Commonwealth and the Territories of the Commonwealth, or the efficient prosecution of the war, or for maintaining supplies and services essential to the life of the community, he may, by notice published in the Gazette or given to any person or persons, direct all or any persons who, whether as owners or otherwise, have in their possession or under their control any specified goods to retain and hold the goods, or a specified quantity thereof, for and on behalf of His Majesty.

(2.) Upon the publication or giving of the notice, the title to and property in the goods or the quantity thereof shall be divested from the owners thereof and become vested in His Majesty freed from any charge thereon and from any claim, contractual or otherwise, and the holders or owners of the goods shall thereupon he discharged from any other contractual engagements whatsoever in respect thereof; and the title and property of the owners shall be converted into a right to receive payment of the value of the goods or the quantity thereof as hereinafter provided.

(3.) All such persons, and their agents and servants, shall, without delay, obstruction or objection, give immediate and peaceable possession of the goods or the quantity thereof to the Minister or to any authorized officer.

(4.) The production of any document or telegram purporting to be a demand or an authority to demand such goods, or quantity thereof, and to be signed or sent by the Minister or the Commissioner shall be sufficient authority for the delivery of the goods, or quantity thereof, to which the document or telegram relates.

(5.) The owner of the goods, or quantity thereof, shall be entitled to be paid therefor by the Minister—

(a) at such price as is mutually agreed upon; or

(b) in default of such agreement, at such price as is determined by the Commissioner after hearing the parties concerned.

(6.) In the event of any doubt or dispute arising as to the person legally entitled to receive any moneys payable under this regulation or as to any charge thereon or claim in respect thereof, the Minister may, in default of agreement between the parties concerned, pay the same into the office of the Master in Equity or other proper officer of the Supreme Court of the State or Territory, in which the goods were acquired by the Minister, to abide such order as may be made by the Supreme Court of that State or Territory.

(7.) A person shall not, after the publication or giving of any notice—

(a) attempt to dispose of or in any way deal with the goods, or the quantity thereof, to the prejudice of His Majesty’s rights and powers under this regulation; or

(b) refuse to deliver, or delay, or obstruct the delivery as prescribed of the goods, or the quantity thereof.

 

(8.) Where any goods have been acquired under the provisions of this regulation, the Minister may store, sell or otherwise dispose of the goods to such persons or bodies, and at such times, and in such manner, and upon such terms and conditions, as he thinks fit.

Lists of fixed prices to be exhibited in shops.

45.—(1.) Upon the declaration of any proclaimed area in pursuance of regulation 21 of these Regulations, the Commissioner may require any person who, in any proclaimed area, sells or has for sale, by retail, any declared goods the maximum price of which is fixed in that area by or under these Regulations, to exhibit in a prominent position in his shop a notice in accordance with Form B or Form C in the Schedule to these Regulations as is applicable to the case setting forth such of the particulars relating to any such declared goods as are specified by the Commissioner.

(2.) The notice shall be exhibited in such a place in the shop, and be prepared in such a manner, as to be easily legible to persons desiring to make purchases at the shop.

(3.) The Commissioner or a Deputy Commissioner, or an authorized officer may, if in his opinion, the notice is not easily legible to persons desiring to make purchases at the shop, direct that it be exhibited in such other place in the shop as he thinks fit, and the owner or person in charge of the shop shall forthwith cause it to be exhibited in such other place.

(4.) The notice required by this regulation to be exhibited shall set forth the following particulars:—

(a) In the case of a metropolitan area—

(i) the name of the declared goods; and

(ii) the maximum price fixed in that area for such declared goods; and

(b) In the case of a proclaimed area other than a metropolitan area (in this paragraph referred to as “the proclaimed area”)—

(i) the name of the declared goods;

(ii) the maximum price fixed in the proclaimed area for such declared goods, or, if the maximum price fixed is based upon the maximum price fixed in a metropolitan area plus cost of transport to the proclaimed area—

(a) the maximum price fixed in the metropolitan area for the declaimed goods;

(b) the cost of transport of the declared goods from the metropolitan area to the proclaimed area; and

(c) the maximum price fixed in the proclaimed area for the declared goods,

or, if the retailer is allowed to add to the maximum price fixed in the proclaimed area a proportionate amount to cover the cost of transport to the shop of the declared goods—

(d) the maximum price fixed in the proclaimed area for the declared goods;

 

(e) the cost of transport to the shop of the declared goods from the place where the goods were purchased by the retailer; and

(f) the maximum price which the retailer is entitled to charge in the proclaimed area for the declared goods.

(5.) Where the maximum price at which any declared goods may be sold in any proclaimed area is fixed or altered, the fixation or alteration shall be notified not later than—

(a) in the case of a metropolitan area, the time at which the shop is opened for business on the day next but one following the day upon which the fixation or alteration is notified; or

(b) in the case of an area other than a metropolitan area, the time at which the shop is opened for business seven days after the day upon which the fixation or alteration is notified, or, in the case of a part of a proclaimed area, such further time as the Commissioner, by notice published in the Gazette, allows.

(6.) 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 shop 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 at his shop with his authority.

(7.) 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.

Delegation by Commissioner.

46.—(1.) The Commissioner may, by writing under his hand, delegate any of his powers and functions under these Regulations or under any order made thereunder (except this power of delegation) in relation to any matter or class of matters so that the delegated powers and functions may be exercised by the delegate with respect to the matter or class of matters specified in the instrument of delegation.

(2.) Any delegation by the Commissioner under this regulation shall be revocable in writing at will and no delegation shall prevent the exercise of any power or function by the Commissioner.

Continuance in force of order made under Defence (National Security—General) Regulations.

47.—(1.) Any order made by the Minister under the Defence (National Security—General) Regulations shall have the force of law and continue in force as if it had been made under these Regulations.

(2.) Any such order may be amended, varied or revoked by order made under these Regulations.

(3.) Where any such order is revoked by order made under these Regulations, section eight of the Acts Interpretation Act 1901-1937 shall apply to the first-mentioned order as if that order were an Act to which section eight of that Act applies.

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

48. Nothing in these Regulations or in any order made thereunder shall affect the power of any State to fix the maximum price of any declared goods or the maximum rate for any declared service, the

 

maximum price of, or the maximum rate for, which has not been fixed under these Regulations, and unless or until a maximum price or maximum rate in respect of those declared goods or that declared service has been fixed under these Regulations, any price or rate fixed by any authority of a State as the maximum price of those declared goods or the maximum rate for that declared service shall have and continue to have effect as if these Regulations had not been made.

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

49.—(1.) Every person engaged in the production or manufacture of declared goods and every person supplying or carrying on a declared service shall, for the purposes of these Regulations, keep proper books and accounts, and shall preserve those books and accounts, including all copies of invoices, and all vouchers, agreements, correspondence, cables, telegrams and other documents relating to his purchases and sales of prescribed goods or relating to the declared service supplied or carried on by him, until the expiration of a period of six months after the termination of the present war or until their destruction is authorized by the Commissioner, whichever first happens.

(2.) In this regulation “prescribed goods” means goods—

(a) which are or were at the time of sale by the trader declared goods within the meaning of these Regulations or of the repealed Regulations; or

(b) which are or were at the time of sale by the trader essential articles within the meaning of the Defence (National Security—General) Regulations, and in respect of which a maximum price has been fixed under those Regulations.

Validation of acts done by person appointed as Commissioner.

50. Where, during the period commencing on the thirty-first day of August, 1939, and ending on the date of his appointment as Commissioner under these Regulations, the person who purported to act as Commissioner during that period made any order or did any act or thing which could have been validly made or done if these Regulations had been in force throughout that period, that order, act or thing shall be deemed to be as valid and effectual as if these Regulations had been in force on that date, and the order, act or thing had been made or done in pursuance of these Regulations.

Power of Commissioner to require securities.

51.—(1.) The Commissioner shall have the right to require and take securities for compliance with these Regulations or with any order made thereunder or with any condition specified by the Commissioner under any such order.

(2.) Any such security shall be in accordance with Form D in the Schedule to these Regulations and shall be by bond or guarantee or cash deposit or all or any of such methods so that in each case the security shall be approved by the Commissioner.

(3.) When security is required for any particular purpose the security may, by the authority of the Commissioner, be accepted to cover all transactions for such time and for such amount as the Commissioner determines.

(4.) If the Commissioner is not at any time satisfied with the sufficiency of any security, the Commissioner may require a fresh security and a fresh security shall be given accordingly.

 

(5.) A security in accordance with Form D shall without sealing bind its subscribers as if sealed, and jointly and severally, and for the full amount.

(6.) Whenever a security is put in suit by the Commissioner, the production thereof without further proof shall entitle him to judgment for their stated liability against the persons appearing to have executed the security unless the defendants prove compliance with the conditions thereof or that the security was not executed by them or release or satisfaction

(7.) If it appears to the Court that a non-compliance with the conditions of the security has occurred, the security shall not be deemed to have been invalidated or discharged and the subscribers shall not be deemed to have been released or discharged from liability by reason of—

(a) an extension of time or other concession;

(b) the Commissioner having consented to, or acquiesced in, a previous non-compliance with the conditions; or

(c) the Commissioner having failed to bring suit against the subscribers upon the occurrence of any previous noncompliance.

 

THE SCHEDULE.

 

Commonwealth of Australia.

Form A.

National Security (Prices) Regulations.

Declaration of Secrecy.

I, of in the State/Territory of in the Commonwealth of Australia, do

solemnly and sincerely declare that, except in the course of my duty under the above Regulations, I will not directly or indirectly communicate or divulge any information relating to any matter which comes to my knowledge in consequence of my employment for the purposes of these Regulations.

 

Declared at  this  day of  , 19

Before me—

 

Justice of the Peace for .

Commissioner for taking Affidavits.

Commissioner for Declarations.

 

Commonwealth of Australia.

Form B.

National Security (Prices) Regulations.

MAXIMUM PRICES FIXED AND DECLARED IN THE METROPOLITAN AREA OF 

Name of Declared Goods. Maximum Prices Fixed in the Area.

 

Commonwealth of Australia.

Form C.

National Security (Prices) Regulations.

MAXIMUM PRICES FIXED AND DECLARED IN THE AREA.

Name of Declared Goods.	*Maximum Prices Fixed in this Area.	Where Price in Area is Fixed on Basis of Price in Metropolitan Area Plus Cost of Transport.
		Maximum Prices Fixed in Metropolitan Area.	Cost of Transport from Metropolitan Area to this Area.	Maximum Price Fixed in this Area.

* Note.—This column to be used only where a specific maximum price is fixed for the area. Where the maximum price for the area is ascertained by adding to the maximum price fixed in a metropolitan area the cost of transport to the proclaimed area, the other columns of the form must be used.

 

Commonwealth of Australia.

Form D.

National Security (Prices) Regulations.

SECURITY TO THE COMMONWEALTH OF AUSTRALIA.

By this Security, the subscribers are, pursuant to the National Security (Prices) Regulations, bound to the Commonwealth of Australia in the sum of—[here insert amount or mode of ascertaining amount intended to be paid in default of compliance with the condition]—subject only to this condition that if—[here insert the condition of the security]—then this security shall be thereby discharged.

Dated the day of 19 .

Names and Descriptions of Subscribers. Signatures of Subscribers. Signatures of Witnesses.

 

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