Necessary Commodities Control Act 1914 (NSW)
Necessary Commodities Contro’. Act.
NECESSARY COMMODITIES
CONTROL ACT.
Act No. 18, 1914.
| An Act to provide for the control of necessary com- | George V, |
| modifies; and for purposes incidental thereto. | No. 18. |
| [Assented to, 25th August, 1914.] |
T 3 E it enacted by the K ing ’s M ust Excellent M ajesty, J A by ami vritli tlu_' aih ice and consent of the Legis lative Council and Legis'ati\'e Assenil)ly of Xew South W ales in P arliam en t as-ianbled, and by th e autlKjrity of
| the same, as fillov.;; : | - |
1 . This Act maybe cited as the “ N('cessary Com-Short title
modifies Control Act, 1914,” and shall apply only during the continuance of the war now existing between His Majesty and His Majesty’s enemies, and during such further time, not exceeding six months, as the Governor may determine hy proclamation in the Gazette.
2 . In this Act, except where inconsistent with the Uefinitiou.
context—-
“ Commission ” means the Commissioners appointed
under this Act.
“ Commissioner” means a- member of the Com
mission.
“ Declared price ” means the maximum price of any necessary commodity as declared by the Governor pursuant to this Act.
“ Minister ” means the Minister of the Crown to whom the administration of this Act is for the time being committed by the Governor.
“ Nccessarv commodity ” means any of the follow
ing
(a) Coal, firewood, coke, or other fuel.
| (b) | Gas for lighting, cooking, or industrial | |
|
Necessary Commodities Control A ct
| George V, | (c) Any article of food or drink for man or |
| No. 18, | for any domesticated animal. |
| (d) | Any article which enters into or is used in the composition or preparation of any of the foregoing. |
| (e) | Any article which, after a report of the Commission, has by resolution of both Houses of Parliament been declared to be a necessary commodity. |
| The | 3 . |
(1) The Governor shall, as soon as practicable after the passing of this Act, appoint, hy letters patent under the public seal, a Commission consisting of three persons, one of whom shall he a judge of the Industrial Arbitration Court, and shall be the chairman of the Commission.
Commission,
(2) The Governor may appoint one of the other
two members to be deputy-chairman of the Commission.
(3) Any vacancies in the Commission, howevi'r
caused, shall he filled by appointment by the Governor.
(4) Any two members of the Commission shall
form a quorum thereof.
| Duty of | 4 . I t shall be the duty of the Commission to inquire into and report as to the prices of necessary commodities. |
| Chairman | |
| and Deputy- | 5 . (1) At all meetings of the Commission the chairman shall preside, if present; and in his absence the deputy-chairman shall preside. The Commission('r presiding shall have a casting as well as a deliberative vote. The Commission may in its discretion sit in camera. |
| Chairman. |
Commission.
| (2) | Whenevei' the Commission is not unanimous |
as to any matter, such matter shall be decided by the majority of votes, and the decision so arrived at shall be the decision of the Commission.
| D(‘])uty | 6. In case of illness or other incapacity, or absence |
| member. | from the State, of any member of the Commission, or of a vacancy in the office of any member, the Governor may appoint some person to be a deputy member of the Commission during such illness, incapacity, or absence, or until such a vacancy is filled. Every person so appointed shall, until his appointment is terminated by notice in the Gazette, have all the powers, rights, and privileges, and perform all tlie duties and functions of a member of the Commission. |
Necessary Commodities Control Act.
| 7 . Tl\e Commis.sioii may— | George V, |
| (a) | from time to lime in(|uire and i-e[K>id to tlu' | No. 18. |
| Governor as to wliat sliould 1h> | the hiyiavst ina'inv mh | .i |
| sellimt ])ri(;es, havin'^ reasonable la' ’̂ard | to | I'y |
mai'ket conditions, for the Stat(“ of Nimv South AVah's of any neeessai'y commoditi('s, and ma}- va>‘y any such l■('nort, oi' mak(' a new re|)ort :
(1)) in any report sjaanty diiferont selliiu;-prices I'oi' the sann* kinds of neci.'ssary commodities, having I'cgard to —
(i) the diff('rent (|ualities thereof ;
(ii) the sale or snj)])ly tlien'of, whether wholesale or retail;
(id) the sale or supply under dilfering terms and conditions or in dilhn'entparts of fS('w South Wales ;
(iv) any other mattc'r rvliicdi the Commission may think lit to considei’;
| (c) | report that any commodity should in its opinion be a necessary commodity. |
| 8. The Governor hy notice in the Gazette may from DwUuation | of maxinuim |
| time to tim(>— | j.rioes, &c. |
| (a) | declare the maximum price at which any nccessarv comrnoditv rnav be sold for eon- sumption in New South "Wales; |
| (h) | lix and deelan; ditferent maximum ])riees according to dilferenc(‘s in quality or deserij>tion or in the quantity sold ; |
((;) declare dilferent maximum prices for dill'ercmt parts of the Stat(.‘;
| (d) | vary any price ])reviously fixed hy him ; hut so as to ap])ly oidy to future tran.sactions ; |
| (e) | in fi.xing any price, do so )'elatively to such standards of measurement, weight, capacity, or otherwise, a> he thinks ])roper; hut the declared price of any commodity shall not in any case be lower than that contaimal in the last report of iln̂ Commission dealing with such commodity. |
The Governor may also annul any such noliecx
9 . (1) If any person sells or oilers for sale any neces- Penalty for
sary commodity at a price higher tlmn the declared price
| he shall be liable to a penalty not exceeding one hundn'd than iiceiaied | price. |
pounds,
Necessary Commodities Control Act.
George V, pounds, and in case of sale shall he liable to refund to
| No. 18. | the purchaser the difference between the declared price and the price at which the commodity Avas sold. |
| (2) If any person refuses to sell at the declared or lower tArices any necessary commodities in his possession in excess of his family requirement for six months, he shall he liable to a penalty not exceeding one hundred pounds. | |
| (3) In any prosecution, under this section, it shall he a sufficient defence to show that, on the occasion in question,— |
| (a) | the defendant supplied or offered to supply a reasonable quantity of the necessary commodity at the declared or a loAÂer price ; or |
| (b) | the defendant was a AAdiolesale trader in such commodity, and the person who demanded to he suj)plied was not a retail trader therein ; or |
| (c) | there existed special circumstances in the particular case which rendered the declared price of the commodity inadequate, and that the action of the defendant was reasonable. |
(4) Evidence may, in any prosecution under this section, l)e given on affidavit; but the chairman may require any person who has given evidence on affidavit to attend before him for oral examination or cross examination.
| R eturns of | 1 0 . | The Governor may, on the recommendation of the |
necessary
commodities. Commission, order returns of all necessary commodities
in such State to he made in the manner and within the time prescribed hy regulations, which regulations he is hereby empoAvered to make, and may, hy notice in the Gazette, authorise any person to enter any premises or A'essel in which the Commission reports that it suspects any necessary commodity is stored, and such person may use such force as may be necessary.
The abovementioned order may he of a general nature hy proclamation in the Gazette, or a particular order directed to any one person or class of persons.
| Penalty, | Any pci'son Avho fails to comply wdth any such order shall be liable to a penalty not exceeding one hundred pounds, and in addition to have any necessary commodities in his possession, in respect of which no return is made, forfeited to the use of His Majesty. |
Necessary Commodities Control Act.
1 1 . AYhorc the Commission considers tliat any George V,
necessary commodities which, in its opinion, sliould No. 18. be distributed for puhlic use are being stored or with-Seizun; of held from sale, it may so report to tbe Governor, commodfties
The Governor may thereupon, liy notice in the Gazette, d̂hheia
authorise the seizure and distrihution of such necessary
commodities, paying therefor the declared ]>rice less such
sum as he tliinks reasonahle to cover the exjienses
of seizure and distribution; and any person acting under
such authority may enter any premises in which such
commodities are stored or withheld from sale, and ust;
such force as may b(' necessary.
1 2 . Any member of tbe police force, or any iicrson Power tosearoh
thereunto authorised in writing by the Minister, may at or forfeited
any time in the day or night enter and search any c°°com.
premises or vessel, or part thereof, where any nece.'sary
commodity liable to seizure or forfeiture under this Act,
is or is supposed to he, and, if necessary for that
purpose, may break into and use foree to enter sueb
premises or vessel or ]>art, and may break open and
searcli any chests, trunks, ])aekages, or other things in
which any necessary commodity is or is supposed to be.
13 . The Commission shall for the purposes of any Powers of
inquiry under this Act have all such powers, rights, and Commission, respect of the following matters ;—
privileges as are vested in the Suju’eme Court, or in any
| (a) | The comjielling the attendance of witnesses, and examining them on oath, affirmation, or declaration. |
| (b) | Tbe compelling the production of books, docu ments, and writings. |
(c) The compelling witnesses to answer questions which the Commission deems to be relevant to the inquiry.
| (d) | The punishing persons guilty of contempt or of disobedience of any order or summons made or issued by tbe Commission. |
| (e) | The directing witnesses to be prosecuted for perjury. |
14 . A summons signed by tbe chairman of the Com- Summons to
mission may be issued for enforcing the attendance of Avitnesses or compelling the production of hooks,
documents.
Necessary Commodities Control Act.
| George V, | documents, and writings. If any person having been |
| No. 18. | served witli sucli summons fails to appear, the said chairman may issue a warrant authorising such person to be appreliended and brought before the Commis sion. |
| Recovery of | |
| penalties. | 1 5 . Any penalty imposed hy or under this Act may he recovered before the chairman of the Commission in a summary way under the Justices Act, 1902. Por that purpose the said cliairman shall have the powers of a stipendiaiy magistrate. |
| No ])roceedings for tlie recovery of any penalty under this Act sliall he taken without the consent of the Attorney-General being first obtained. | |
| Gazette | |
| notice to be | 1 6 . The publication of a notice in the Gazette shall he conclusive evidence that the declared price of any commodity as therein appearing has been duly and law fully declared that the commodity is :v necessary com modity, and that all steps necessary for the declaration of such price have been duly taken in accordance with the provisions of this Act. I t shall not be competent for any person or court by any means Avhatever to question the legality or correctness of such declared price or whether any commodity, the price of which is declared in such notice, is a necessary commodity. |
| evidence. | |
| from liability. | |
| Freedom | 17 . No action shall lie against any person for any act or thing done or purporting to he done by him under any authority conferred upon him by the Governor in pursuance of this Act. |
Officers.
| Secretary, | 18 . | (1) The Minister may appoint a secretary to |
| inspectors, |
| and othe | the Commission and any other officers whom he considers |
| officers. | necessary to enable the Commission to carry out its duties and functions. |
| (2) Any person who in any way resists, inter feres with, hinders, or obstructs any inspector or other officer or person in the exercise or discharge of any power or duty under this Act shall be guilty of an offence and be liable to a penalty not exceeding fifty pounds. |
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