National Security (Cash Orders and Hire Purchase Agreements) Regulations (Amendment)

Legislation au C1942L00243 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1942. No. 243.

 

REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939–1940.*

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 National Security Act 1939–1940.

Dated this twenty eighth day of May, 1942.

(SGD.) GOWRIE.

Governor-General.

By His Excellency’s Command,

for and on behalf of the Minister of
State for Defence.

 

Amendments of the National Security (Cash Orders and Hire Purchase Agreements) Regulations.†

Definitions.

1. Regulation 5 of the National Security (Cash Orders and Hire Purchase Agreements) Regulations is amended by inserting after the definition of “cash order trader” the following definitions:—

“‘cash price’, in relation to any goods, means the price at which the goods might be purchased for cash, including any sum payable in respect of sales tax, freight, delivery, installation and other like sums;

“‘hire purchase agreement’ does not include—

(a) any agreement where the hirer thereunder is a person engaged in the trade or business of selling goods of the same nature or description as the goods the subject of the agreement; or

(b) any agreement or arrangement which is entered into solely for the purpose of giving effect to an assignment or transfer of the rights and liabilities under an existing hire purchase agreement from the hirer to another person;”.

 

* Notified in the Commonwealth Gazette on , 1942.

† Statutory Rules 1942, No. 144.

3106.—Price 3d. 25/26.5.1942.


2. Regulation 7 of the National Security (Cash Orders and Hire Purchase Agreements) Regulations is repealed and the following regulation is inserted in its stead:—

“Cash orders, &c., to be issued only at licensed offices and to be received in person.

7.—(1.) Subject to the next succeeding sub-regulation, a person shall not, without the consent in writing of the Treasurer, issue a cash order or make a cash loan—

(a) at any place other than an office or other like place of business at an address specified in a licence in force in favour of that person; and

(b) unless the applicant for the cash order or cash loan receives it in person at such an office or place.

“(2.) Nothing in the last preceding sub-regulation shall prevent a cash order trader from issuing a cash order otherwise than in person to the applicant therefor if an application in writing for the issue of the cash order has been received otherwise than through an employee or agent of the cash order trader.

“(3.) An employee or agent of a cash order trader shall not—

(a) prepare or complete an application for the issue of a cash order; or

(b) accept or receive an application for the issue of a cash order for transmission through the post or otherwise to a cash order trader.”.

Discount on redemption of cash orders.

3. Regulation 11 of the National Security (Cash Orders and Hire Purchase Agreements) Regulations is amended by omitting paragraph (a) and inserting in its stead the following paragraph:—

“(a) where payment is made not later than fourteen days after—

(i) the end of the month during which the cash order is presented for redemption; or

(ii) the date on which the goods for which the cash order was exchanged were delivered, or the date on which the services or other valuable consideration for which the cash order was exchanged were received,

whichever is the later—an amount not exceeding ten per centum; or”.

Records to be kept of cash order business.

4. Regulation 19 of the National Security (Cash Orders and Hire Purchase Agreements) Regulations is amended by omitting from sub-regulation (3.) the words “and all statutory declarations furnished to him under regulation 30 of these Regulations,”.

5.—(1.) Regulation 20 of the National Security (Cash Orders and Hire Purchase Agreements) Regulations is repealed and the following regulation inserted in its stead:—

“Minimum deposit.

20. A person shall not enter into any hire purchase agreement unless the agreement provides for payment of a deposit as follows:—

(a) where the goods the subject of the agreement consist of a motor vehicle—a deposit not less than one-third of the cash price;

(b) where the goods the subject of the agreement consist of a piano or a player-piano—a deposit not less than one-quarter of the cash price;


(c) where the goods the subject of the agreement consist of an agricultural implement—a deposit not less than one-tenth of the cash price;

(d) in any other case—a deposit not less than one-fifth of the cash price or such other proportion as the Treasurer, by order published in the Gazette, fixes, either generally or with respect to goods of any specified class; and

(e) where the goods the subject of the agreement consist of goods in respect of which different minimum deposits are required under this regulation—a deposit not less than the deposit which would be payable if all the goods were of that class of goods subject to the agreement in respect of which the greatest minimum deposit is required.”.

(2.) A hire purchase agreement entered into prior to the commencement of this regulation shall not be void by reason only of the fact that it was entered into in contravention of regulation 20 of the National Security (Cash Orders and Hire Purchase Agreements) Regulations.

Deposit may include value of goods, provided by hirer.

6. Regulation 21 of the National Security (Cash Orders and Hire Purchase Agreements) Regulations is amended by omitting the words “consideration (other than money)” and inserting in their stead the word “goods”.

7. Regulation 22 of the National Security (Cash Orders and Hire Purchase Agreements) Regulations is repealed and the following regulation inserted in its stead:—

“Rent to be paid by equal instalments at equal intervals of time.

22. A person shall not enter into any hire purchase agreement (not being a hire purchase agreement the goods the subject of which consist only of an agricultural implement) unless the agreement provides for the payment of the difference between the purchase price and the deposit by one payment or by two or more equal instalments payable at equal intervals of time.”.

Maximum term.

8. Regulation 23 of the National Security (Cash Orders and Hire Purchase Agreements) Regulations is amended—

(a) by inserting after paragraph (a) the following paragraph:—

“(aa) where the goods the subject of the agreement consist of a wireless receiving set or a combined wireless receiving and gramophone set—a period not exceeding two years;”; and

(b) by omitting from paragraph (c) the words “other electric, gas or oil appliance for household use” and inserting in their stead the words “electric, gas, oil, coal or coke appliance for household use (other than goods specified in paragraph (aa) of this regulation)”.

Contracts to evade regulations.

9. Regulation 29 of the National Security (Cash Orders and Hire Purchase Agreements) Regulations is amended by omitting all the words from and including the words “, but nothing”.


10. Regulation 30 of the National Security (Cash Orders and Hire Purchase Agreements) Regulations is repealed and the following regulation inserted in its stead:—

“Revision of contracts by reason of hardship.

30.—(1.) Where—

(a) the seller of goods the subject of a hire purchase agreement entered into on or after the twenty-seventh day of March, 1942, is satisfied, after due inquiry, that, by reason of circumstances beyond the control of the hirer and not foreseen by him at the time of entering into the hire purchase agreement, a revision of the terms of the hire purchase agreement is desirable; and

(b) the revision is not in pursuance of any preconceived plan, arrangement or intention to defeat, avoid, evade or prevent the operation of these Regulations,

an agreement may be made varying the terms of the hire purchase agreement and any agreement so made shall not be deemed to have been made in contravention of the last preceding regulation.

“(2.) Where any such agreement provides for an extension of the period of hiring longer than six months, the seller shall forthwith furnish to the Treasurer a statement of the circumstances under which the extension was granted and shall furnish to the Treasurer such other information relating to the hire purchase agreement as the Treasurer requires.

“(3.) Where any portion of the purchase price required to be paid under a hire purchase agreement entered into after the twenty-seventh day of March, 1942, remains unpaid at the end of six months after the expiration of the period of hiring, the seller shall, if the agreement has not been terminated, forthwith report the fact to the Treasurer and furnish to the Treasurer such other information relating to the hire purchase agreement as the Treasurer requires.”.

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.

Overview

The Statutory Rules 1942 No. 243, under the National Security Act 1939–1940, were enacted to address the economic disruptions and financial control needs during wartime. Made by the Governor-General, acting on the advice of the Federal Executive Council, these regulations aimed to regulate the issuing of cash orders and hire purchase agreements to prevent misuse and ensure fair financial practices. The policy objective was to maintain financial stability and control in the context of national security during World War II. This legislative instrument amends existing regulations to tighten the controls over cash orders and hire purchase agreements, ensuring that such transactions are conducted through licensed offices and with proper documentation, while also setting minimum deposit requirements and limiting the term of hire purchase agreements to prevent exploitation.

Scope and Application

The Statutory Rules of 1942, No. 243, constitute regulations under the National Security Act 1939–1940, and they apply to the issuance of cash orders and hire purchase agreements. These regulations are applicable to persons and entities involved in the trade of cash orders and hire purchase agreements, specifically targeting cash order traders and those who issue cash orders or make cash loans. The regulations are in force throughout the Commonwealth of Australia, reflecting a national scope. There are no stated exclusions or exemptions within the text, but the regulations are designed to control and regulate the issuance and conduct of cash orders and hire purchase agreements to ensure compliance with national security measures during a period of heightened concern. The application and enforcement of these regulations may be further extended or restricted through subordinate instruments or subsequent orders by the Treasurer.

Key Provisions

The main operative sections of the Statutory Rules 1942, No. 243 pertain to amendments of the National Security (Cash Orders and Hire Purchase Agreements) Regulations. These amendments introduce new definitions and modify existing regulations to ensure compliance with the National Security Act 1939–1940. For instance, Regulation 1 introduces new definitions for "cash price" and "hire purchase agreement" (sections 1 and 2). Regulation 2 mandates that cash orders and cash loans can only be issued and received at licensed offices and in person, respectively (section 7). Regulation 3 provides for a discount on the redemption of cash orders under certain conditions (section 11). Regulation 5 stipulates that minimum deposits must be paid in hire purchase agreements, varying by the type of goods involved (section 20). Regulation 7 requires that rent payments in hire purchase agreements be made in equal instalments at equal intervals of time, except for agreements involving agricultural implements (section 22). Regulation 9 permits the revision of hire purchase agreement terms under specific conditions, such as unforeseen hardship to the hirer (section 30). The obligations imposed on parties and entities governed by these regulations include strict adherence to the licensing and location requirements for issuing cash orders and cash loans. Specifically, cash orders can only be issued and received at specified licensed offices (section 7). Furthermore, businesses must maintain records of all cash order transactions, excluding statutory declarations (section 19). Hire purchase agreements must include stipulated minimum deposits, which vary depending on the type of goods involved (section 20). Additionally, payments under hire purchase agreements must be structured as either a single payment or multiple equal instalments (section 22). The maximum term for hire purchase agreements is also regulated, with specific limits based on the type of goods (section 23). Lastly, sellers are obligated to report any revisions or outstanding payments to the Treasurer under certain conditions (section 30). Violations of these regulations can lead to significant legal consequences. While specific offences and penalties are not detailed in the provided excerpt, it is implied that breaches of these regulations could result in fines, penalties, or other legal actions as prescribed by the National Security Act 1939–1940. Non-compliance with the stipulated conditions for issuing cash orders, maintaining records, or adhering to minimum deposits and payment structures could potentially lead to enforcement actions by the relevant authorities.

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National Security Law
Instrument
Regulation
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Definitions & Interpretation
Compliance Obligations
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