National Security (Tea Control) Regulations (Amendment) (Cth)

STATUTORY RULES.

1943. No. 25.

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-ninth day of January, 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 (Tea Control) Regulations.

Powers of Board.

1. Regulation 9 of the National Security (Tea Control) Regulations is amended by omitting sub-regulation (3.).

2. After regulation 9 of the National Security (Tea Control) Regulations the following regulation is inserted:—

Power of Board to fix minimum price of tea.

“9aa.—(1.) Nothing in the last preceding regulation shall empower the Board to fix the maximum price of tea but, subject to the concurrence of the Commonwealth Prices Commissioner and with the approval of the Minister, the Board may, by order, fix the minimum price at which any tea may be sold.

“(2.) A person shall not sell or offer for sale any tea at a lesser price than the minimum price fixed, in relation thereto, under this regulation for the sale of that tea.

“(3.) For the purposes of this regulation, any person on whose behalf or at whose place of business any tea is sold or offered for sale at a lesser price than the minimum price fixed, in relation thereto, under this regulation, for the sale of that tea, whether the tea is 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.

 

* Notified in the Commonwealth Gazette on , 1943.

  Statutory Rules 1942, No. 139, as amended by Statutory Rules 1942, Nos. 229, 270 and 527.

 

“(4.) For the purposes of this regulation, a person shall be deemed to offer tea for sale if he notifies the price proposed by him for a sale of the tea 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.”.

3. After regulation 14 of the National Security (Tea Control) Regulations the following regulation is inserted:—

Averments of prosecutor.

“15.—(1.) In any proceedings for a contravention of 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.

“(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.”.

 

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