War Precautions (Paper) Regulations 1918 (Cth)

STATUTORY RULES.

1918. No. 294.

 

REGULATIONS UNDER THE WAR PRECAUTIONS ACT 1914-1916.

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 War Precautions Act 1914-1916, to come into operation forthwith.

Dated this thirtieth day of October, 1918.

R. M. FERGUSON,

Governor-General.

By His Excellency’s Command,

G. F. PEARCE,

Minister of State for Defence.

 

War Precautions (Paper) Regulations.

Short title

1. These Regulations may be cited as the War Precautions (Paper) Regulations 1918.

Definitions.

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

“Controller” means the Controller of Paper appointed for purposes of these Regulations.

“Magazine” means any publication (not being a newspaper) consisting of literary and other printed matter, with or without advertisements, and published at intervals.

“Newspaper” means any publication consisting of news and other printed matter, together with advertisements, published daily or at intervals not exceeding one week.

“Paper” includes—

(a) all kinds of paper;

(b)all kinds of board, including cardboard, paper-board, box-board, leatherboard, manilla-board, and strawboard;

(c) paper pulp and all raw materials used in the manufacture of paper and board; and

(d)all material usually coming under the terms, whether imported into or manufactured or stored in the Commonwealth.

“Trade circular” means any publication consisting of trade information, advertisements, catalogues, or price lists.

Application of regulations.

3. (1) Subject to sub-regulation (2) of this regulation, these Regulations shall apply to all paper which is manufactured or stored in, or imported into, the Commonwealth or cleared for home consumption, after the commencement of these Regulations.

    

(2) The Minister may, by notice in the Gazette, exempt for such period as is specified in the notice, paper of any particular class or manufacture.

Controller of paper.

4. (1) For the purposes of these Regulations there shall be a Controller of Paper, who shall be appointed by the Minister.

(2) The Controller of Paper appointed before the commencement of these Regulations shall be deemed to have been appointed for the purposes of these Regulations.

Functions of Controller.

5. Subject to these Regulations, and to the approval the Minister, the Controller shall exercise control over the supply and distribution of paper.

Requirement to deliver paper.

6. (1) Where any person, firm, or company has in his or its possession a supply of paper in excess of 100 reams or two tons, the person, firm, or company may be required by the Minister or the Controller, by notice in writing served on the person, firm, company to permit any other person, firm, or company specified in the notice to take delivery at any reasonable hour in the daytime, upon payment or tender at the price fixed by sub-regulation (2) of this regulation, of such quantity of paper as is specified in the notice.

(2) The price to be paid for paper taken delivery of in pursuance of this regulation shall be the maximum price for paper fixed under the War Precautions (Prices) Regulations, and if the price has not been so fixed, the price to be paid shall be such amount as represents to the person, firm, or company supplying the paper the cost to him or it of the paper (including the cost of its delivery to him or it), plus 10 per centum on such cost.

(3) In default of agreement between the person, firm, or company supplying the paper and the person, firm, or company taking delivery of it, as to the amount payable by the latter to the former in respect of any paper supplied in pursuance of this regulation, the amount shall be determined by the Minister.

Standard of paper.

7. The Minister may, upon the recommendation of the Controller, approve of a standard for any description of paper and may, by notice in the Gazette, direct that in ordering paper of that description from places outside the Commonwealth persons shall order paper in accordance with the standard.

Control of orders abroad.

8. The Minister may, by notice in the Gazette, direct that orders for paper shall not without his consent, or except in accordance with conditions specified in the notice, be despatched to places outside the Commonwealth.

Consumption of paper.

9. The Minister may, upon the recommendation of the Controller, by notice in the Gazette, specify the persons or classes of persons to whom paper may be sold, and the quantity of paper which may be sold to any person or class of persons, and any person who sells or otherwise supplies paper except to a person or class of persons specified in any notice under this regulation shall be guilty of an offence.

Sales not to exceed one ton.

10. No. person shall, without permission, in writing of the Minister, sell to any one purchaser, in any one month, more than fifty reams of any one description of paper, or, in the case of paper sold by weight, more than one ton thereof.

 

Size of newspapers, magazines and trade circulars.

11. The Minister may, by notice in the Gazette, as regards any newspaper, magazine, or trade circular, or any issue thereof, direct—

(a) the maximum number and size of pages which may be used;

(b) the weight of paper to be used;

(c) the maximum size of individual advertisements;

(d) the proportion of a newspaper that may be used for advertisements;

(e)the prohibition of the return to the proprietors of unsold copies and of allowance for such copies;

(f) the limitation of the issue of free copies; and

(g) the limitation of circulation.

Issues not to be increased.

12. The proprietor of a newspaper, magazine, or trade circular shall not, except with the permission in writing of the Minister, increase the number of the issues or editions of the newspaper, magazine, or trade circular beyond the number prevailing at the commencement of these Regulations.

Publications requiring more than 100 reams of paper.

13. No person shall, except with the permission in writing of the Minister, print, issue, or cause to be printed or issued, any trade circular, catalogue, book, pamphlet, or other printed matter requiring for its publication more than 100 reams of paper.

Advisory Board.

14. (1) The Minister may appoint a Commonwealth Advisory (Paper) Board.

(2) The Board appointed in pursuance of this regulation may make recommendations to the Controller in relation to matters arising under these Regulations or affecting the paper trade generally, and shall advise the Controller on matters referred to it by him.

Committees.

15. (1) The Board may make recommendations to the Controller for the appointment—

(a) of a committee to represent each State; and

(b) of a committee to represent any industry connected with the paper trade

consisting of such members as are specified in the recommendation, and having such powers and functions as are specified in this regulation, and upon receipt of a recommendation for the appointment of a committee the Controller may forthwith appoint the committee.

(2) A committee appointed in pursuance of this regulation may make recommendations to the Board in relation to matters arising under these Regulations or affecting the paper trade generally, and shall advise the Board on matters referred to it by the Board.

16. Members of the Commonwealth Advisory (Paper) Board, and of any committee appointed under these Regulations, shall not receive fees for attendance at meetings.

Cancellation or variation of contracts.

17. (1) The Minister may cancel or vary any contract or agreement for the supply of paper or of any printed matter, and for the publication of advertisements in newspapers or other publications.

(2) No action or counterclaim shall be brought or made, nor shall any step be taken in relation to any action or counterclaim brought or made, for the breach or non-observance of any contract or agreement, cancelled or varied in pursuance of this regulation, or for damages in respect of such breach or non-observance, whether the claim arose or accrued before or after the commencement of these Regulations.

 

Provided that where a contract or agreement has been varied in pursuance of this regulation, nothing in this regulation shall be deemed to prevent the bringing of any action or counterclaim for any breach or non-performance of the contract or agreement as so varied, or the taking of any step in relation to such action or counterclaim:

Provided further that nothing in this regulation shall affect the rights or obligations of the parties in relation to goods actually delivered or advertisements actually published under any contract or agreement which has been cancelled or varied.

Offences.

18. Any person who contravenes or fails to comply with any notice, direction, order, or requirement made or given by or under these Regulations shall be guilty of an offence.

 

Printed and Published for the Government of the Commonwealth of Australia by H. J. Green, Acting Government Printer for the State of Victoria.