STATUTORY RULES.
1947. No. 36.
REGULATION UNDER THE DEFENCE (TRANSITIONAL PROVISIONS) ACT 1946.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Defence (Transitional Provisions) Act 1946.
Dated this twentieth day of March, 1947.
W. J. McKELL
Governor-General.
By His Excellency’s Command,
BEN. COURTICE
for and on behalf of the Minister of State for Post-war Reconstruction.
———
Amendment of the National Security (Prices) Regulations. †
After regulation 23a of the National Security (Prices) Regulations, the following regulation is inserted:—
Transactions may be declared to be sales.
“23b.— (1.) The Commissioner may, by order published in the Gazette, declare that where a person (in this regulation referred to as ‘the agent’) purchases goods (whether declared goods or not) as agent, or purported agent, for another person (in this regulation referred to as ‘the principal’) and processes or treats the goods and delivers goods resulting from the processing or treatment to the principal, the carrying out of the agency (or purported agency) and the performance of the other services by the agent shall, for the purposes of these Regulations, be deemed to be a sale of the goods so delivered by the agent to the principal at a price equal to the sum of the amounts paid or payable by the principal to the agent in respect of the agency and services (including the price paid by the agent for the goods purchased by him) and the order shall, for the purposes of these Regulations, have effect according to its tenor.
“(2.) The Commissioner may, either generally by order published in the Gazette, or specifically by notice in writing, exempt any person or class of persons from the operation of any order made in pursuance of this regulation.”.
* Notified in the Commonwealth Gazette on 20th March, 1947.
† Being the Regulations having that title as in force under the Defence (Transitional Provisions) Act 1946. The Regulations under the National Security Act 1939-1946 having the corresponding title comprise Statutory Rules 1940, No. 176, as amended by Statutory Rules 1940, Nos. 219 and 294; 1941, Nos. 54 and 231; 1942, No. 513; 1943, Nos. 220, 264 and 278; 1944, Nos. 25, 83, 94, 113, 152 and 192; 1945, Nos. 7, 24, 47, 52 and 113; and 1946, Nos. 12, 19, 71, 93 and 148.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
1546.—Price 3d.
Overview
The Statutory Rules 1947 No. 36, made under the Defence (Transitional Provisions) Act 1946, were enacted to address transitional provisions necessary for the smooth winding down of wartime economic controls and regulations. This legislative instrument was introduced to provide clarity and legal certainty in the post-war period, particularly in relation to the National Security (Prices) Regulations. The regulation was made by the Governor-General, acting with the advice of the Federal Executive Council, and signed by the Minister of State for Post-war Reconstruction on behalf of the Minister. The primary policy objective of this regulation was to ensure that transactions involving the processing or treatment of goods by an agent on behalf of a principal were effectively regulated and deemed as sales for the purposes of the National Security (Prices) Regulations, thus maintaining price controls during the transitional phase.
Scope and Application
The Defence (Transitional Provisions) Regulations of 1947, as set forth in Statutory Rules 1947, No. 36, amends the National Security (Prices) Regulations to introduce a specific provision concerning agency transactions. The regulation applies to individuals or entities acting as agents or purported agents in purchasing goods on behalf of another party, processing or treating these goods, and delivering the resultant goods to the principal. This conduct is deemed a sale under the Regulations, with the price of the sale being determined by the sum of amounts paid or payable by the principal to the agent. The regulation applies across the Commonwealth of Australia, impacting any person or entity involved in such transactions. Notably, the Commissioner has the authority to exempt certain persons or classes of persons from these regulations through orders or notices published in the Gazette or in written notices. This legislative instrument extends the scope of the National Security (Prices) Regulations to cover previously unaddressed agency-based transactions, thereby broadening its application and ensuring comprehensive oversight over price controls in post-war transitional arrangements.
Key Provisions
The main operative section of this regulation (section 23b) allows the Commissioner to declare that certain transactions involving the purchase, processing or treatment, and delivery of goods by an agent for a principal are to be considered sales under the National Security (Prices) Regulations. The regulation further specifies that these sales will be deemed to occur at a price equal to the sum of all amounts paid or payable by the principal to the agent, including the price the agent paid for the goods purchased (subsection 23b(1)). Additionally, the Commissioner can exempt individuals or classes of persons from the operation of any order made under this regulation, either generally through a Gazette order or specifically through written notice (subsection 23b(2)).
This regulation imposes several obligations on the parties involved. The Commissioner must publish any orders made under section 23b in the Gazette or provide specific written notices to affected individuals or classes of persons. Agents and principals must adhere to the declared sale prices and any exemptions granted by the Commissioner. Compliance with these regulations is crucial, as failure to do so may result in significant legal consequences.
The regulation does not explicitly detail offences, penalties, or consequences for breach. However, given the context of the National Security (Prices) Regulations, any non-compliance with these provisions could potentially lead to enforcement actions under the broader regulatory framework, which may include fines, sanctions, or other legal penalties as prescribed by the overarching legislation.
Understanding the interplay between these regulations and the broader legislative framework is essential for ensuring compliance and avoiding any potential legal repercussions. The precise nature and extent of penalties would depend on the specific circumstances of any breach and the applicable provisions of the Defence (Transitional Provisions) Act 1946 and the National Security (Prices) Regulations.