COMMERCIAL ACTIVITIES.
No. 3 of 1919.
An Act relating to certain Commercial Activities carried on by the Commonwealth in time of War.
[Assented to 3rd September, 1919.]
Preamble.
WHEREAS during the existence of the war with Germany and for the purpose of the more effectual prosecution of the war it became and was, in the opinion of the Governor-General, necessary and expedient to enter into certain arrangements for dealing with the dairy produce, wool, and sheepskins produced in Australia during the war and for a period thereafter, and for encouraging the production of flax in Australia:
And whereas it was also necessary and expedient, for the purpose of the more effectual prosecution of the war, to control the supply and price of sugar and dairy produce to the people of the Commonwealth:
And whereas in order to provide for carrying out and completing the said arrangements, and the said control of the supply and price of sugar and dairy produce, the following Regulations, namely:—
The War Precautions (Dairy Produce Pool) Regulations;
The War Precautions (Wool) Regulations;
The War Precautions (Sheepskins) Regulations;
The War Precautions (Flax) Regulations; and
War Precautions Regulation 49e,
were duly made under the War Precautions Act 1914–1916, orders were made under the War Precautions (Prices) Regulations fixing the maximum prices of dairy produce, and the following agreements, namely:—
An agreement for the sale to the Imperial Government of the exportable surplus of dairy produce produced in Australia during the period terminating on the thirty-first day of August, One thousand nine hundred and twenty;
An agreement for the sale to the Imperial Government of the wool produced in Australia during the period terminating on the thirtieth day of June, One thousand nine hundred and twenty, after making provision for certain manufactures in the Commonwealth;
An agreement with the Government of the State of Queensland for the acquisition by the Commonwealth of the raw sugar produced in the State of Queensland during the seasons of One thousand nine hundred and eighteen and One thousand nine hundred and nineteen;
Agreements with certain refining companies for the refining of the raw sugar so acquired; and
An agreement for the sale to the Imperial Government of the flax produced in Australia during the period terminating on the thirty-first day of December One thousand nine hundred and twenty,
were duly made:
And whereas by the War Precautions Act 1918 the operation of the War Precautions Act 1914–1916 was limited to the longer of the following periods, namely, the period of three months after the then existing state of war, and the period ending on the thirty-first clay of July, One thousand nine hundred and nineteen:
And whereas the conditions brought about by the war are still operating, and render it necessary to further control the supply and price of sugar and dairy produce to the people of the Commonwealth, and to provide for the effective carrying out of the purposes of the arrangements hereinbefore referred to:
Overview
The Commercial Activities Act 1919 was enacted by the Parliament of Australia to address the economic challenges and supply chain disruptions caused by the First World War. The Act was necessary to manage the supply and price of essential commodities such as dairy produce, wool, sheepskins, sugar, and flax, as well as to facilitate the transportation and marketing of wheat during the war. The primary objective of the Act was to ensure the efficient allocation of resources and the equitable distribution of these commodities within the Commonwealth. By continuing and extending certain wartime regulations, the Act aimed to stabilise prices, control supply, and support the agricultural sector, thereby contributing to the war effort and post-war recovery.
Scope and Application
The Commercial Activities Act 1919 applies to specific commercial activities and industries related to the production and distribution of certain agricultural commodities in Australia during and after the First World War. These include dairy produce, wool, sheepskins, sugar, flax, and wheat. The Act applies to the activities of individuals and entities involved in these industries, such as producers, manufacturers, traders, and committees responsible for the management and regulation of these activities. The Act also extends to the agreements and arrangements made by the Commonwealth and State governments for the purpose of managing these activities during the war and post-war period. Geographically, the Act applies at the national level within Australia, encompassing the Commonwealth and the states involved in the agreements and arrangements. The Act does not explicitly state any exclusions, exemptions, or thresholds. However, it does provide for the continued operation of certain regulations made under the War Precautions Act 1914–1916 and allows for the Governor-General to make regulations not inconsistent with the Act. The Act extends its application through subordinate instruments, such as regulations and agreements, which are mentioned in the schedules to the Act.
Key Provisions
- The Commercial Activities Act 1919 (Act) outlines provisions for the regulation of commercial activities related to certain agricultural produce during wartime. The Act is divided into several parts, each addressing different commodities such as dairy produce, wool, sugar, flax, and wheat.
- The Act allows for the continuation of certain regulations related to dairy produce, wool, and flax, as well as the War Precautions (Prices) Regulations, until specific dates (s.4, s.5, s.6, s.8). These regulations pertain to the control and sale of these commodities, including the establishment of committees to oversee their management and distribution. For instance, the War Precautions (Dairy Produce Pool) Regulations establish a committee responsible for managing the supply of dairy produce, while the War Precautions (Wool) Regulations create a central committee and state committees to oversee the wool industry.
- The Act also includes provisions for setting the price of sugar and flax. Specifically, it prohibits selling sugar at a price higher than the prescribed price without the Treasurer's consent, with a default price set until regulations are made (s.7). For flax, the Act sets a fixed price for standard quality flax and allows the committee to determine prices for non-standard quality flax (s.10, s.10a).
- Additionally, the Act addresses the transportation and marketing of wheat during wartime, including agreements with banking corporations and guarantees for financial assistance to states (s.10, s.11).
- The Act imposes obligations on various entities, such as the requirement for committees to keep minutes of meetings, the duty of committees to provide and regulate the supply of commodities, and the obligation of sellers to obtain licenses and comply with pricing regulations. It also mandates the submission of returns and reports by producers, brokers, and other stakeholders.
- Breaches of the Act or its regulations are considered offences, with potential penalties including fines of up to one hundred pounds, imprisonment for six months, or both (s.13). Prosecution for these offences requires the written consent of the Attorney-General or an authorized person (s.13(2)). The Act also stipulates that the expiration of regulations does not affect rights, liabilities, penalties, or ongoing investigations or legal proceedings (s.14).
- In summary, the Act provides a comprehensive framework for the regulation of certain agricultural commodities during wartime, including price controls, supply management, and the establishment of committees to oversee these activities.
- Area of Law
- Commercial Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Offence Provisions
- Reporting & Disclosure Obligations
- Regulatory Standards
