War Precautions (Stocks of Goods) Regulations 1917 (Cth)

STATUTORY RULES.

1917. No. 168.

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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 twenty-fifth day of July, 1917.

R. M. FERGUSON,

Governor-General.

By His Excellency’s Command,

G. F. PEARCE,

Minister of State for Defence.

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War Precautions (Stocks of Goods) Regulations.

Short title.

1. These Regulations may be cited as the War Precautions (Stocks of Goods) Regulations 1917.

Definition.

2. In these Regulations—

“Prescribed goods” means any goods which the Minister, by notice published in the Gazette, declares to be prescribed goods for the purpose of these Regulations generally or for the purpose of any particular regulation or regulations.

Licence to acquire or sell presented goods.

3. (1) No person, firm or company shall acquire or purchase any prescribed goods except with the consent in writing of the Minister in accordance with the provisions of a licence to acquire or purchase prescribed goods granted under the authority of the Minister and signed by a person duly authorized in that behalf by the Minister.

(2) No person, firm or company shall assign or sell prescribed goods except to a person, firm or company to whom or which a licence has been granted.

Return of stocks, &c., of prescribed goods.

4. (1) The Minister may, by notice published in the Gazette, require persons, firms or companies to furnish such returns of prescribed goods as he thinks necessary.

(2) Each return shall be accompanied by a Statutory Declaration as to the accuracy of the information contained therein.

(3) Any person, firm or company who or which fails to furnish a return as and when required by the Minister shall be guilty of an offence.

Minister may require person to sell prescribed goods.

5. (1) Where any person, firm or company is in possession of prescribed goods, that person, firm or company may be required by the Minister, by notice in writing served on the person, firm or company, to permit any other person, firm or company specified in the notice to take

delivery at any reasonable hour in the day-time upon payment or tender at the rate fixed in sub-regulation (2) of this regulation of such number or quantity of prescribed goods of such description as is specified in the notice.

(2) The rate fixed for the supply of prescribed goods in pursuance of this regulation shall be such amount as represents to the person, firm or company supplying them the cost to him or it of the goods plus such percentage on the cost as the Minister determines.

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

(4) Any person, firm or company who or which, on being required in accordance with this regulation to permit any other person, firm or company to take delivery of any goods, fails to comply with the terms of the requisition shall be guilty of an offence.

(5) Goods supplied by any person, firm or company to any other person, firm or company in pursuance of this regulation shall be deemed to have been sold by the former to the latter at the rate fixed by this regulation, and no person, firm or company shall, without the consent in writing of the Minister, be entitled to institute or maintain any action or other proceeding in respect of the supply by him or it of the goods.

Minister may prohibit use of prescribed goods.

6. (1) The Minister may, by notice published in the Gazette, prohibit, either absolutely or without his consent or the consent of a person duly authorized in that behalf by the Minister, the use of prescribed goods for any purpose or purposes specified in the notice.

(2) After a notice has been published in the Gazette in pursuance of this regulation any person, firm or company who or which uses prescribed goods for any purpose or purposes specified therein shall be guilty of an offence.

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Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.

C.9682.—Price 3d.