Prices Regulation (Amendment) Act 1976 (NSW)

jSetu Wales

A N N O VICESIMO Q U IN T O

ELIZABETHS II BEGINS

Act No. 65, 1976.

An Act to amend the Prices Regulation Act, 1948, for the purpose of constituting a Prices Commission; and to amend the Statutory and Other Offices Remuneration Act, 1975, for the purpose of determining the remunera­ tion and allowances payable to the Chairman of the Commission. [Assented to, 15th November, 1976.]

BE

Act No. 65, 1976.

Prices Regulation {Amendment).

T>E it enacted by the Queen’s Most Excellent Majesty, by " and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows: —

1.           This Act may be cited as the “Prices Regulation Short title.

(Amendment) Act, 1976”.

2. (1) This section and section 1 shall commence on Commence-

the date of assent to this Act.

(2) Except as provided in subsection (1), this Act

shall commence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.

3. This Act contains the following Schedules Schedules.

SCHEDULE 1.— A m endments to the P rices

R egulation A ct , 1948.

SCHEDULE 2.— Consequential A m endm ents to

THE P rices R egulation A ct , 1948.

SCHEDULE

SCHEDULE 4.— A m endm ent to the Statutory and

1975.

4.      (1) The Prices Regulation Act, 1948, is amended in

the manner set forth in Schedules 1 and 3.

(2)

Act No. 65, 1976.

Prices Regulation {Amendment).

(2) The Prices Regulation Act, 1948, is further amended by omitting from a provision of that Act specified in Column 1 of Schedule 2 the matter specified opposite that provision in the column headed “Matter to be omitted.” in Column 2 of Schedule 2, other than such matter, if any, as appears in brackets and is printed in italics, and by inserting instead the matter specified opposite that provision in the column headed “Matter to be inserted.” in Column 2 of Schedule 2.

Am end­ 5. The Statutory and Other Offices Remuneration Act,

ment of

A ct N o . 4,	1975, is amended in the manner set forth in Schedule 4.
1976.

Saving—	6.	An order made under section 20 of the Prices Regula­
prices

regulation	tion Act, 1948, in force immediately before the day appointed
orders.	and notified under section 2 (2), shall be deemed to be an order made under section 20 of the Prices Regulation Act, 1948, as amended by this Act, in respect of declared goods.

Sec. 4 ( 1 ) . SCHEDULE 1.

A m endm ents to the P rices R egulation A c t , 1948.

(1) (a) Section 3 (1), definitions of “Assistant Commis­

sioner”, “authorized officer”—

Omit the definitions.

(b) Section 3 (1), definitions of “authorised officer”, “Chairman”, “Commission”, “commissioner”—

Before the definition of “Commonwealth Regula­

tions”, insert:—

“authorised officer” means a person appointed by the Commission to be an authorised officer for the purposes of this Act;

SCHEDULE

Act No. 65, 1976.

Prices Regulation {Amendment).

SCHEDULE 1—continued.

A m endm ents to the Prices R egulation A ct , 1948—

continued.

“Chairman” means the Chairman of the

Commission;

“Commission” means the Prices Commission

constituted by this Act;

“commissioner” means a person appointed under this Act as a commissioner and includes the Chairman;

(c) Section 3 (1), definitions of “inquiry”,

“meeting”—

After the definition of “declared service”, insert:—

“inquiry”, in relation to the Commission, means an inquiry held by the Commission pursuant to—

(a) a direction of the Minister under section 8a (1) (b);

(b) Section 8b ; or

(c) a decision of the Commission under section 8c (2 ) ;

“meeting”, in relation to the Commission,

includes an inquiry;

(d) Section 3 (1), definition of “public utility undertaking”—

Before “municipality”, insert “city,”.

(e) Section 3 (1 ) , definition of “the Commissioner”— Omit the definition.

SCHEDULE

Act No. 65, 1976.

Prices Regulation {Amendment).

SCHEDULE 1—continued.

A m en d m en ts	to	the	P rices R egulation	A ct ,	1948—
continued.

(f) Section 3 (5 )—

After section 3 (4), insert; —

(5) Nothing in this Act entitles the Commis­ sion to make an order under section 20 (5) with respect to the rental of any land or premises.

(2 ) Sections 4 -4 m -

Omit section 4, insert instead :—

Constitu­

4. There is hereby constituted a Prices Commission.

tion of

Commis­

sion.

Appoint­

ment of

4a. ( 1) The Commission shall consist of one full­

commis­	time commissioner and 2 part-time commissioners
sioners.	appointed by the Governor.
(2) Of the part-time commissioners, one shall be a person who is appointed to represent consumers and the other shall be a person who, in the opinion of the Governor, is experienced in business or commerce.
(3) The provisions of the Public Service Act, 1902, shall not apply to or in respect of the appoint­ ment of a commissioner, and a commissioner shall not be subject to the provisions of that Act during his term of office.
Chairman.	4b . (1 ) The full-time commissioner shall be the Chairman.

SCHEDULE

Act No. 65, 1976.

Prices Regulation (^Amendment).

SCHEDULE 1—continued.

A m en dm en ts	to the	P rices R egulation A ct ,	1948—
continued.

(2) The Chairman shall devote the whole of his time to the duties of his office and shall be entitled to be paid—

(a)	remuneration in accordance with the Statutory and Other Offices Remuneration Act, 1975; and
(b)	such travelling and subsistence allowances as the Minister may from time to time determine in respect of him.

4c. ( 1 ) In this section, “superannuation scheme” preserva-

means a scheme, fund or arrangement under which

any superannuation or retirement benefits are provided full-time

and which is established by or under any Act. sio” ™**

previously

public

s^rvsnt otc

(2) Subject to subsection (3) and to the terms of his appointment, where a full-time commissioner was, immediately before his appointment as a full-time commissioner— ’

(a)	an officer of the Public Service; or
(b)	a contributor to a superannuation scheme.

he—

(c)	shall retain any rights accrued or accruing to him as such an officer or contributor;
(d)	may continue to contribute to any super­ annuation scheme to which he was a contributor immediately before his appoint­ ment as a full-time commissioner; and

SCHEDULE

Act No. 65, 1976.

Prices Regulation {Amendment).

SCHEDULE 1—continued.

A m endm ents to th e P rices R egulation A ct , 1948—

continued.

■ (e) shall be entitled to receive any deferred or extended leave and any payment, pension or gratuity,

as if he had continued to be such an officer or contributor during his service as a full-time commis­ sioner, and—

(f)	his service as a full-time commissioner shall be deemed to be service as an officer or employee for the purpose of any law under which those rights accrued or were accruing, under which he continues to contribute or by which that entitlement is conferred; and
(g)	he shall be deemed to be an officer or employee, and the Commission shall be deemed to be his employer, for the purpose of the superannuation scheme to which he is entitled to contribute under this sub­ section.

(3) A full-time commissioner who, but for this subsection, would be entitled under subsection (2) to contribute to a superannuation seheme or to receive any payment, pension or gratuity under that scheme shall not be so entitled upon his beeoming (whether upon his appointment as a full-time com­ missioner or at any later time while he holds office as a full-time commissioner) a contributor to any other superannuation scheme, and the provisions of sub­ section (2) (g) cease to apply to or in respect of him and the Commission in any case where he becomes a contributor to such another superannuation scheme.

SCHEDULE

Act No. 65, 1976.

Prices Regulation (Amendment).

SCHEDULE 1—continued.

A mendments to the Prices Regulation Act, 1948—

continued.

(4) Subsection (3) does not prevent the pay­ ment to a full-time commissioner upon his ceasing to be a contributor to a superannuation scheme of such amount as would have been payable to him if he had ceased, by reason of resignation, to be an officer or employee for the purposes of that scheme.

(5) A full-time commissioner shall not, in respect of the same period of service, be entitled to claim a benefit under this Act and another Act.

4d. a commissioner shall, subject to this Act, hold Term of

office for a period of 3 years and is eligible for re- office.	,
appointment as a commissioner.

4e . a person who is of or above the age of 70 ineligibility

years is not eligible for appointment as a commissioner. reason

' O i

4f . a commissioner shall cease to hold office on the Commis-

day on which he attains the age of 70 years.

aUaSing

70 years of

age.

4g. (1) The Governor may for any cause which to Removal

him seems sufficient remove any eommissioner from	omce.
offiee.

(2) Without affeeting the generality of sub­

section (1) the Governor shall be deemed to have

cause as referred to in that subsection if—

(a) a commissioner has any direct or indirect pecuniary interest in any declared goods or declared service or any goods or service the subject of investigation or inquiry by the

* i' ̂ SCHEDULE

Act No. 65, 1976.

Prices Regulation {Amendment).

SCHEDULE 1—continued.

A m endm ents	to th e	P rices R egulation A c t ,	1948'
continued.

Commission, other t\ian an interest which he has in the like manner applicable, and subject to the like conditions applicable, in the case of persons who are not commis­ sioners; or

(b) a commissioner, by virtue of his office as a commissioner, accepts or acquires any personal profit or advantage other than under this Act.

Vacatkm	4h . a commissioner shall be deemed to have
ii

office.

vacated his office—

(a) if he dies;

(b)	if, being the Chairman, he engages in any paid employment outside the duties of his office;
(c)	if, being the Chairman, he absents himself from duty for a period exceeding 14 con­ secutive days except on leave granted by the Minister (which leave the Minister is hereby authorised to grant), unless his absence is occasioned by illness or other unavoidable cause;
(d)	if, being a commissioner other than the Chairman, he is unavailable for duty for a period exceeding 28 days except on leave granted by the Minister (which leave the Minister is hereby authorised to grant), unless his unavailability is occasioned by illness or other unavoidable cause;

SCHEDULE

Act No. 65, 1976.

Prices Regulation {Amendment).

SCHEDULE 1—continued.

A m endm ents to the Prices R egulation A c t , 1948—

continued.

(e)	if he becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his creditors or makes any assignment of his remuneration or allowances as a commissioner, or of his estate, for their benefit;
(f)	if he becomes a temporary patient, a con­ tinued treatment patient, a protected person or an incapable person within the meaning of the Mental Health Act, 1958, or a person under detention under Part VII of that A ct;
(g)	if he resigns his office by writing under his hand addressed to the Governor; or
(h)	if he is removed from office by the Governor.

4i. On the occurrence of a vacancy in the oflBce Fitting of a commissioner, otherwise than by the expiration casual of the term for which he was appointed, the Governor	'
may appoint a person to hold that office for the balance of his predecessor’s term of office, being, where the vacancy occurs in the office of a part-time commissioner, a person of the same description referred to in section 4a (2 ) as that predecessor.

4j . (1) During the absence or illness of the Acting

nominated by the Minister shall act as Chairman.

Chairman, the permanent head of a Government Chairman.

SCHEDULE

Act No. 65, 1976.

Prices Regulation {Amendment).

SCHEDULE 1—continued.

A m e n d m e n t s t o t h e P r i c e s R e g u l a t i o n A c t , 1948—

continued.

(2) The permanent head referred to in sub­

section (1) shall have and may exercise, while acting as Chairman, the powers, authorities, duties and functions of the Chairman.

Alternate	4k. (1) The Minister may at any time appoint, as an alternate commissioner to act during the absence or illness of a part-time commissioner, a person of the same description referred to in section 4a (2 ) as the person for whom he is the alternate commissioner.
com m is­
sioners.

(2) An alternate commissioner shall have and

may exercise, while acting as a commissioner, the powers, authorities, duties and functions of the person for whom he is the alternate commissioner.

M eetings	4l. ( 1) The procedure for the calling of meetings of the Commission and for the conduct of business at those meetings, including the procedure to be followed in an inquiry, shall, subject to this Act, be as determined by the Commission.
of the
Commission.
(2) The Chairman shall preside at all meetings of the Commission at which he is present.
(3) Three commissioners shall form a quorum at any meeting of the Commission and any duly convened meeting at which a quorum is present shall be competent to transact any business of the Commission.

SCHEDULE

Act No. 65, 1976.

Prices Regulation {Amendment).

SCHEDULE 1—continued.

A m endm ents to the P rices R egulation A c t , 1948—

continued.

(4) A decision of a majority of the commis­

sioners present at a meeting of the Commission at which a quorum is present shall be the decision of the

Commission. .

4 m . a part-time commissioner shall be entitled to Remunera-

be paid such remuneration (including travelling and don.

subsistence allowances) as the Minister may from time

to time determine in respect of him.

(3) Sections 5, 6—

Omit the sections.

(4) Sections 8a- 8 f—

After section 8, insert:—

8a. (1) The Minister, for the purpose of Furnishing

determining whether he should exercise any power

conferred on him under section 19, may direct—	M inister’s
direction.

(a) the Chairman to furnish a report to him; or

(b) the Commission to hold an inquiry and furnish a report to him,

with respect to such goods or services or goods and

services as are specified in the direction.

(2) The Chairman or the Commission shall

comply with any direction given to him or it, as the case may be, by the Minister under subsection (1) •

8 b . The Commission, for the purpose of determin- inquiry by

ing whether it should exercise any power conferred Commission,

on it under section 20, shall hold an inquiry unless it

obtains the consent of the Minister to dispense with

the holding of an inquiry.

SCHEDULE

Act No. 65, 1976.

Prices Regulation {Amendment).

SCHEDULE 1—continued.

A m e n d m e n t s	t o t h e	P r i c e s R e g u l a t i o n A c t ,	1948—
continued.

Applica­	8c. (1) A person—
tion by
person to

Com m is­	(a) who is a seller of goods; or
sion to hold
inquiry.	(b) who supplies or carries on a service,

to which an order made under section 20 relates, may make application to the Commission, in the prescribed manner, for an order under that section in relation to those goods or that service, as the case may be.

(2) On receipt of an application made under subsection (1), the Commission may decide to refuse the application or to hold an inquiry.

(3) The Commission shall notify a person who

makes an application under subsection (1) of its

decision with respect to that application.

(4) Where the Commission decides to hold an inquiry pursuant to an application made under subsection (1), the person who made the application shall be a party to the inquiry.

N otice o f	8 d . The Commission shall, before commencing to
inquiry by

Com m is­	hold an inquiry, by advertisement published, on such
sion.	day or days as the Commission determines, in the Gazette and in a daily newspaper circulating through­ out the State, give notice of the inquiry, the matter that is to be the subject of the inquiry and the time and place at which the inquiry is to be commenced.

Parties to 8 e . (1) At an inquiry, any person may apply to

inquiries. the Commission to be made a party to the inquiry.

SCHEDUI.E

Act No. 65, 1976.

Prices Regulation {Amendment).

SCHEDULE 1—continued.

A m e n d m e n t s t o t h e P r i c e s R e g u l a t i o n A c t , 1948—

continued.

(2) If, on the making of an application re­ ferred to in subsection (1), the Commission is of the opinion that the applicant has a substantial interest in the matter that is the subject of the inquiry, the Com­ mission shall grant the application but, if the Commission is not so satisfied, it shall refuse, the application.

(3) A party to an inquiry may appear in person or by his agent, counsel or solicitor.

(4) A party to an inquiry is entitled to give evidence, or call witnesses to give evidence, and to make submissions to the Commission, in relation to the matter that is the subject of the inquiry.

8 f . (1) An inquiry shall be held in public and, procedure

subject to this section— inquiries.

(a)	evidence in the inquiry shall be taken in public on oath or affirmation; and
(b)	submissions in the inquiry shall be made in public.

(2) If any witness objects to giving any evidence in public that the Commission is satisfied is of a confidential nature, the Commission may take that evidence in private if it considers it desirable to do so.

(3) In an inquiry, the Commission may, if it thinks fit, permit a person appearing as a witness at the inquiry to give evidence by tendering, and verify­ ing by oath or affirmation, a written statement and, where evidence is so given, the Commission shall make available to the public in such manner as the Commission thinks fit the contents of the statement other than any matter that the person who gave the evidence objects to being made public and that the Commission is satisfied is of a confidential nature.

SCHEDULE

Act No. 65, 1976.

Prices Regulation {Amendment),

SCHEDULE 1—continued.

A m endm ents to t h e P rices R egulation A ct, 1948—

continued.

(4) In an inquiry, the Commission may, if it thinks fit, require or permit a party to the inquiry desiring to make submissions to the Commission to make those submissions in writing and, where submis­ sions are so made, the Commission shall make

,

available to the public in such manner as it thinks fit

the contents of the submissions.

(5) The Commission is not bound by the rules

of evidence.

(5) Section 20 ( U ) —

After section 20 (1), insert:—

( lA ) Notwithstanding subsection (1), the Com­ mission shall, before causing an order referred to in subsection (1) to be published in the Gazette, serve a copy of the proposed order on the Minister and shall not cause the proposed order to be so published—

(a)	unless the Minister has informed the Com­ mission that he does not propose to give it a direction under paragraph (b ); or
(b)	if the Minister, in the public interest, has directed the Commission not to publish the proposed order.

(6) (a) Section 28 (1) (a )—

Omit “(by way of broadcast by wireless trans­ mission)” wherever occurring.

(b) Section 28 (1 )—

Omit “Commonwealth”, insert instead “State”.

(7) Section 40—

Omit the section.

(8) Section 48—

Omit the section.

SCHEDULE

Act No. 65, 1976.

Prices Regulation {Amendment).

SCHEDULE 1—continued.

A m e n d m e n t s t o t h e P r i c e s R e g u l a t i o n A c t , 1948—

continued.

(9) Section 51 (3) (d )—

After “wireless”, insert “or television”.

(10) Section 55—

Omit the section, insert instead :—

55. (1) The Commission may, by instrument in Delegation,

writing, delegate to the holder of an office specified in the instrument of delegation the exercise or perform­ ance of such of the powers (other than this power of delegation), authorities, duties or functions conferred or imposed on the Commission by or under this Act as may be specified in the instrument of delegation and may in like manner revoke wholly or in part any such delegation.

(2) A power, authority, duty or function, the exercise or performance of which has been delegated under this section may, while the delegation remains unrevoked, be exercised or performed from time to time in accordance with the terms of the delegation.

(3) A delegation under this section may be made subject to such conditions or such limitations as to the exercise or performance of any of the powers, authorities, duties or functions delegated, or as to time or circumstances, as may be specified in the instrument of delegation.

(4) Notwithstanding any delegation made under this section, the Commission may continue to exercise or perform all or any of the powers, authorities, duties or functions delegated.

SCHEDULE

Act No. 65, 1976.

Prices Regulation {Amendment).

SCHEDULE 1—continued.

A m e n d m e n t s t o t h e P r i c e s R e g u l a t i o n A c t , 1948—

continued.

(5) Any act or thing done or suffered by a delegate while acting in the exercise of a delegation under this section shall have the same force or effect as if the act or thing done or suffered had been done or suffered by the Commission and shall be deemed to have been done or suffered by the Commission.

(6) This section does not authorise the delegation of the power or duty of the Commission to hold an inquiry.

(11) Section 56—

Omit “the Milk Act, 1931, the Gas and Electricity Act, 1935, the Industrial Arbitration Act, 1940, the Coal Industry Act, 1946, or any Act amending those Acts,’’, insert instead “any other Act”.

(12) (a) Section 58 (a )—

Omit “services;”, insert instead “services; and”. (b) Section 58 (b )—

Omit “community and of goods and services in general use which are in short supply insert instead “community.”.

(c) Section 58 (c)—

Omit the paragraph.

(13) (a) Section 59 (2 )—

After “Minister”, insert “or of such commissioner or authorised officer as may be authorised by the Minister for the purposes of this subsection”.

SCHEDULE

Act No. 65, 1976.

Prices Regulation (Amendment).

SCHEDULE 1—continued.

A m e n d m e n t s t o t h e P r i c e s R e g u l a t i o n A c t , 1948—

continued.

(b) Section 59 (3) (a )—

Omit “two thousand dollars”, insert instead

“$ 10,000” .

(c) Section 59 (3) (b )—

Omit “one thousand dollars”, insert instead

“$5,000”.

(14 ) Section 61— Omit the section, insert instead ;—

61. (1 ) Proceedings for an offence against this proceed

Act may be taken before a court of petty sessions held

oflEences.

before a stipendiary magistrate sitting alone or before

the Supreme Court in its summary jurisdiction.

(2) Proceedings for an offence against this Act shall not be instituted in the Supreme Court in its summary jurisdiction without the written consent of the Minister.

(3) If proceedings for an offence against this Act are brought in a court of petty sessions held before a stipendiary magistrate, the maximum penalty that the court may impose in respect of the offence is, notwithstanding any other provisions of this Act—■

(a)	where the offence is committed by a body
corporate— $2,000; or
(b)	where the offence is committed by any other person— $1,000 or imprisonment for a term not exceeding 6 months, or both.

SCHEDULE

Act No. 65, 1976.

Prices Regulation {Amendment).

SCHEDULE 1—continued.

A m e n d m e n t s t o t h e P r i c e s R e g u l a t i o n A c t , 1948—

continued.

(4) If proceedings for an offence against this Act are brought in the Supreme Court in its summary jurisdiction, the Supreme Court may impose a penalty not exceeding the maximum penalty provided by this Act in respect of the offence.

(5) Proceedings in the Supreme Court in its summary jurisdiction for an offence against this Act may be commenced not later than 6 months after the offence was committed.

Sec. 4 (2 ) . S C H E D U L E 2.

Consequential Amendments to the Prices Regulation Act,

1948 .

IJ 'C o lu m n 1. Column 2.

Provision of Prices	Matter to be omitted.	M atter to be inserted.
Regulation Act, 1948.

Section 7 ( I ) . .	. .	The Commissioner, and Each commissioner
each Assistant Com­

missioner, adviser

Section 7 (2 ) .. . . Commissioner Chairman

Sections 7 (4) (a); 18 Commissioner (wherever Commission

( 1), ( 2) ; 2 0 ( 2), ( 31, occurring)

(4), (5). (6), (7), (8). (9), (10), (13); 21 (I); 22 (1), (2); 23 (1), (2), (3); 24(1), (4) ; 26(3), (5), (8):

27 (2), (4). (6); 28

(1) , (2); 29; 30(1)

(b); 31 (1) (b); 34;

37, definition of

“ landed cost” ; 38 (2) (c); 39 (2) (b); 43; 47; 49 (1), (4), (5) (b); 50 (1); 51 (1); 52; 57(2).

Act No. 65, 1976.

Prices Regulation {Amendment).

S C H E D U L E 2~—continued.

Consequential Amendments to the Prices Regulation Act,

194 8 — continued.

Column 1. Column 2.

Provision of Prices	M atter to be omitted.	M atter to be inserted.
Regulation Act, 1948.

Sections 7 (4) (a); 20 he (wherever occurring) it

(2) (h), (6) (g); 23

(1).

Section 7 (4) (a) (i) ..	his (where firstly occurring)	its
his official position	the exercise or performance of any of the powers, authorities, duties and functions conferred or imposed on it by or under this Act

Section 7 (4) (c)	..	Commissioner, any Assist­	Commission
ant Commissioner
the Commissioner (where	it
secondly occurring)
Section 7 (4) (d)	..	Commissioner, any Assist­	Commission
ant Commissioner,
the Commissioner (where	it
secondly occurring)

Section 8	. .	..	or the Commissioner or an	, a commissioner or a
Assistant Commissioner	person who, pursuant to
or an adviser or a person	an appointment made

who has been a under this Act before or

Commissioner, Assistant	after the date of assent
Commissioner or adviser	to the Prices Regulation (Amendment) Act, 1976, has been a Prices Commissioner, Assistant
Prices Commissioner,
adviser or commissioner

Section 9(1)..	. . The Commissioner, any Assistant Commissioner	For the purposes of an
inquiry, the^Commission

and any officer thereto	may—
authorized in writing by the Commissioner shall severally have power to—

Section 11 . . .. Commissioner or an Commission,

Assistant Commissioner or an officer authorized in writing by the Com­ missioner,

Act No. 65, 1976.

Prices Regulation {Amendment).

S C H E D U L E 2— continued.

Consequential Amendments to the Prices Regulation Act,

194 8 — continued.

Column 1. Column 2.

Provision of Prices

Regulation Act, 1948. M atter to be omitted. M atter to be inserted.

Section 12 (1) .. by the Commissioner, an Assistant Commissioner or an officer authorised in writing by the Com­ missioner before the Commission

Section 13 (1) .. The Commissioner, an For the purposes of an

Assistant Commissioner inquiry, the Commission

Sections 13 (1) (a); him (wherever occurring) it or him

50 (3).

Sections 13 (1) (a); he (wherever occurring) it or he

50 (2).

Section 13 (2)	..	Commissioner,	Assistant	Commission
Commissioner,

Section 13 (3) .. Commissioner, Assistant Commission

Commissioner

Section 13 (5) .. Commissioner, or the Commission

Assistant Commissioner,

Sections 14(1); 17(1), Commissioner or an Commission

(2),(3); 25; 44(b);	Assistant Commissioner
45 (1).	(wherever occurring)

Section 14(1) .. the Commissioner or it

Assistant Commissioner, as the case may be (where firstly occurring)

Section 14 (1), (2), (3) Commissioner or Assistant Commission

Commissioner, as the

case may be, (wherever

occurring)

Sections 14(1); 17(1), him (wherever occurring) it

(2); 18(1).

Section 14 (2)	. . Commissioner or to an Assistant Commissioner, as the case may be.	Commission
Section 14 (3)	.. Commissioner or to an Assistant Commissioner,	Commission

Section 15 (1) .. The Commissioner, an For the purposes of an

Assistant Commissioner	inquiry, an
or any

Section 15 (2) . . The Commissioner or an Assistant Commissioner or any An

Commissioner or Assistant	Chairman
Commissioner

Act No. 65, 1976.

Prices Regulation {Amendment).

S C H E D U L E 2 — continued.

Consequential Amendments to the Prices Regulation Act,

194 8 — continued.

Column 1. Column 2.

Provision of Prices

Regulation Act, 1948. M atter to be omitted. M atter to be inserted.

Section 16 . . the Commissioner, an! an authorised officer

Assistant Commissioner, or an authorised officer,

Section 17 (1) (e) the thirty-first day of such date as the Com­

August, one thousand	mission
nine hundred and thirty- nine, or on such other date as the Commissioner

or Assistant Com­

missioner

Section 20 (1) The Commissioner may, The Commission may, with

with respect to any respect to any declared

declared goods, from goods, from time to time.

time to time, in his

absolute discretion,

Sections 20 (2), (5), his its

(6); 24 (4) (b).

Section 20 (12) Commissioner (where firstly Commission

and secondly occurring)

Section 25	. .	Commissioner or Assistant	Commission
Commissioner (wherever occurring)

Section 30 (4) Commissioner or an Chairman

Assistant Commissioner

Section 44 .. authorized authorised

Section 50 (2) Commissioner, or an Commission

Assistant Commissioner,

his its or his

Section 50 (3)	The Commissioner, or an	The Commission or	an
Assistant Commissioner,	authorised officer
or an authorised officer.
Section 53 (2)	Commissioner, an Assist­	Chairman
ant Commissioner or any person to whom the Commissioner has made a delegation under section fifty-five of this Act

the Commissioner, Assist­

or on behalf of the Com­

ant Commissioner, or

mission

such person as the case

may be,

person by whom it pur­

Chairman

ports to have been signed

Act No. 65, 1976.

Prices Regulation (^Amendment).

S C H E D U L E 2— continued.

Consequential Amendments to the Prices Regulation Act,

194 8 — continued.

Column 1. Column 2.

Provision of Prices

Regulation Act, 1948. M atter to be omitted. M atter to be inserted.

Section 57 (1) .. until their destruction is for a period of at least 6

authorized by the Com­	years after their making
missioner

Section 57 (3) .. until their destruction is for a period of at least 6

authorised by the Com­	years after the direction
missioner	is given

Sec. 4(1). SCHEDULE 3.

A m e n d m e n t s t o t h e P r i c e s R e g u l a t i o n A c t , 1948, b y

WAY OF S t a t u t e L a w R e v i s i o n .

(1) Section 1 (3 )—

Omit the subsection.

(2) Section 2—

Omit the section.

SCHEDULE

Act No. 65, 1976.

Prices Regulation {Amendment).

SCHEDULE 3—continued.

A m e n d m e n t s t o t h e P r i c e s R e g u l a t i o n A c t , 1948, b y

WAY OF S t a t u t e L a w R e v is io n — continued.

(3) Section 3 (1), definition of “Commonwealth Regula­

tions”—

Omit the definition.

(4) Section 15 (3 )—

Omit the subsection.

(5) Section 17 (1) (d )—

Omit “the Commonwealth Regulations or”.

(6) Section 20 (12)—

Omit “This subsection shall extend and apply to and in respect of an order of the character described in this subsection published in the Commonwealth Gazette before the commencement of this Act in pursuance of Regulation twenty-three of the Commonwealth Regulations, and having force or effect immediately before such commencement, and for the purposes of such application, a reference in this subsection to the Gazette shall be construed as a reference to the Com­ monwealth Gazette, a reference to the Government Printer shall be construed as a reference to the Com­ monwealth Government Printer, and a reference to the Commissioner shall be construed as a reference to the Prices Commissioner appointed under the Common­ wealth Regulations.”.

SCHEDULE

Act No. 65, 1976.

Prices Regulation {Amendment).

SCHEDULE 3—continued.

A m e n d m e n t s t o t h e P r i c e s R e g u l a t i o n A c t , 1948, b y

WAY OF S t a t u t e L a w R e v is io n — continued.

(7) Section 60 (2 )—

Omit the subsection, insert instead :—

(2) Section 41 of the Interpretation Act, 1897, applies in respect of a regulation as if this Act had been passed after the commencement of the Interpre­ tation (Amendment) Act, 1969.

Sec. 5. SCHEDULE 4.

A m e n d m e n t t o t h e S t a t u t o r y a n d O t h e r O f f i c e s

R e m u n e r a t i o n A c t , 1975.

Schedule 2, Part 1—

At the end of Part 1, insert:—

Chairman of the Prices Commission.