Black Marketing Regulations (Amendment)

Overview

The Statutory Rules 1945, No. 114, issued under the Black Marketing Act 1942, was enacted to address the issue of black marketing during wartime, specifically focusing on the regulation of prices and the need for compliance with related directives. This legislative instrument was made by the Governor-General in accordance with the advice of the Federal Executive Council, aiming to enforce compliance with the National Security (Prices) Regulations. The primary objective, as stated in the regulation, is to criminalise the act of omitting to maintain necessary books, accounts, and records as required by the aforementioned regulations, thereby ensuring that individuals adhere to the mandated practices for price control and monitoring during the period of national security concern. This regulation was officially notified in the Commonwealth Gazette on 23rd July 1945 and subsequently published in the Statutory Rules 1948, No. 274.

Scope and Application

The Black Marketing Regulations, as amended by the Statutory Rules of 1945, No. 114, are made under the authority of the Black Marketing Act 1942 and apply to all persons within the Commonwealth of Australia. This regulation specifically targets any individual or entity that fails to keep books, accounts, and records as required under regulation 49 of the National Security (Prices) Regulations, deeming such omissions to be an act of black marketing. The regulation’s scope encompasses any person who contravenes the mandated requirements for documentation and reporting, thereby potentially engaging in activities that undermine the national security objectives related to price regulation. This amendment extends the application of the Black Marketing Act to include not just the direct contravention of price regulations but also the failure to maintain proper records as stipulated. The regulation does not explicitly state exclusions or exemptions but rather broadens the scope of what constitutes black marketing by including administrative non-compliance with record-keeping obligations.

Key Provisions

The principal amendment introduced by these Regulations under the Black Marketing Act 1942 pertains to the definition and scope of black marketing activities. Specifically, section 3 of the Black Marketing Regulations is amended to explicitly state that omitting to keep books, accounts, and records, in contravention of regulation 49 of the National Security (Prices) Regulations, is now considered black marketing. This addition broadens the scope of what constitutes black marketing and ensures compliance with record-keeping requirements is mandatory. The obligation imposed by these Regulations is clear and stringent: any person who fails to adhere to the record-keeping requirements outlined in regulation 49 of the National Security (Prices) Regulations is engaging in black marketing. This means that maintaining accurate and complete records as mandated by regulation 49 is not optional but a legal requirement. Failure to comply with these record-keeping obligations can result in severe consequences under the Black Marketing Act 1942. Any person found to be in breach of these Regulations by not maintaining the required books, accounts, and records can face both civil and criminal penalties. The Act does not specify maximum penalties in the Regulations themselves, but the broader Black Marketing Act 1942 provides for significant penalties. Offenders can face fines and imprisonment, with the exact penalties determined by the courts based on the severity and circumstances of the breach. This stringent approach underscores the importance of compliance with record-keeping requirements during times of national security.