National Security (Prices) Regulations (Amendment)

Legislation au C1947L00088 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1947. No. 88.

 

 

REGULATIONS 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 Regulations under the Defence (Transitional Provisions) Act 1946.

Dated this seventh day of July, 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.†

Sale of goods and supply of service in one transaction.

1. Regulation 23a of the National Security (Prices) Regulations is amended by omitting sub-regulation (2.) and inserting in its stead the following sub-regulations:—

“(2.) For the purposes of regulations 28, 30, 31, 32, 35, 45 and 49 of these Regulations, a transaction in respect of which a maximum remuneration has been fixed under the last preceding sub-regulation shall be deemed to be the supply of a declared service at a rate equal to the undivided remuneration charged, and the maximum remuneration so fixed shall be deemed to be the maximum rate fixed under these Regulations for the supply of that service.

“(3.) For the purposes of these Regulations, and of any order or notice under these Regulations, whether made or given before or

 

* Notified in the Commonwealth Gazette on 8th July, 1947.

† Being the Regulations having that title as in force under the Defence (Transitional Provisions) Act 1946, as amended by Statutory Rules 1947, No. 36. 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 251; 1942, No. 513; 1943, Nos. 220, 264 and 278; 1944, Nos. 25, 88, 94, 113, 152 and 192; 1945, Nos. 7, 24, 47, 52 and 113; and 1946, Nos. 12, 19, 71, 93 and 148. These Regulations were also amended by the Defence (Transitional Provisions) Act 1946.

4072.—Price 3d.


after the commencement of this sub-regulation, unless the contrary intention appears—

(a) the sale of any goods shall be deemed to include the supply, in connexion with the sale (whether or not for a separate remuneration) of any service customarily supplied by vendors in connexion with such a sale without any separate remuneration; and

(b) the supply or carrying on of any service shall be deemed to include the sale or supply, in connexion with the service (whether or not for a separate price or remuneration) of any goods customarily sold or supplied by persons supplying or carrying on such a service without any separate price or remuneration,

“(4.) For the purposes of these Regulations, and of any order or notice under these Regulations, whether made or given before or after the commencement of this sub-regulation, the sale of any declared goods and the supply of any declared service for an undivided remuneration, if—

(a) no maximum remuneration applicable to the transaction as a whole has been fixed under these Regulations; and

(b) the transaction as a whole is not one which is, by reason of the last preceding sub-regulation, deemed to be either a sale of goods or the supply of a service,

shall be deemed to be—

(c) a sale of the declared goods at a price equal to so much of the undivided remuneration as bears to the whole of the undivided remuneration the same proportion as the maximum price fixed under these Regulations for the sale of the goods bears to the sum of that fixed price and the maximum rate fixed under these Regulations for the supply of the service; and

(d) a supply of the service at a rate equal to the remaining part of the undivided remuneration.”.

Effect of certain orders.

2. Any order or notice made or given under the National Security (Prices) Regulations before the commencement of these Regulations and unrevoked at the commencement of these Regulations shall, from the commencement of these Regulations, have the same force and effect as if regulation 23a of the National Security (Prices) Regulations, as amended by these Regulations, had been in force at the time when the order or notice was made or given.

 

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

Overview

The Statutory Rules 1947 No. 88, made under the Defence (Transitional Provisions) Act 1946, aim to address the transitional economic challenges faced by Australia post-World War II by amending the National Security (Prices) Regulations. Enacted by the Governor-General, acting on the advice of the Federal Executive Council, these regulations seek to streamline and clarify the pricing mechanisms for goods and services. The policy objective is to ensure that the economic transition period is managed effectively, maintaining control over prices and ensuring fair remuneration in transactions. This legislative instrument aims to provide a coherent framework for the regulation of prices during a critical period of economic adjustment, ensuring stability and fairness in commercial transactions.

Scope and Application

The Regulations under the Defence (Transitional Provisions) Act 1946 apply to the amendment of the National Security (Prices) Regulations, impacting transactions involving the sale of goods and the supply of services. These regulations are designed to ensure the continuity of control over prices and remunerations in the context of transitional post-war measures. They apply to any person or entity involved in such transactions within the Commonwealth of Australia, encompassing various industries and services as defined under the National Security (Prices) Regulations. The geographic reach of these regulations is national, as they operate across the entirety of the Commonwealth. However, the regulations themselves do not explicitly state exclusions or exemptions, meaning that most, if not all, transactions of goods and services are subject to these provisions unless otherwise specified in subordinate instruments or related legislation. The regulations extend their application through amendments to existing sub-regulations, thereby ensuring that previous orders and notices remain effective under the new framework.

Key Provisions

The key provisions of the Regulations under the Defence (Transitional Provisions) Act 1946, as detailed in Statutory Rules 1947, No. 88, primarily focus on amending the National Security (Prices) Regulations. Specifically, Regulation 23a is amended to redefine the scope of transactions involving the sale of goods and the supply of services (Regulation 1). The new sub-regulations clarify the treatment of combined transactions where goods and services are sold or supplied together. This amendment ensures that such combined transactions are subject to the same regulatory oversight as individual sales or supplies of goods or services (Regulation 1(2), 1(3), 1(4)). These Regulations impose several obligations on the parties involved in such transactions. They require that the combined transaction be treated as both a sale of goods and a supply of services, depending on the proportions of the remuneration (Regulation 1(2)). For transactions where an undivided remuneration is charged, the Regulations mandate that the sale of declared goods and the supply of declared services be apportioned according to the fixed maximum prices and rates for these goods and services (Regulation 1(4)). Additionally, any pre-existing orders or notices issued under the National Security (Prices) Regulations before the commencement of these Regulations must continue to be valid and enforceable as if the amended Regulation 23a had been in force from the time those orders or notices were issued (Regulation 2). The Regulations do not explicitly outline specific offences or penalties for breaches. However, the overarching National Security (Prices) Regulations, which these amendments are intended to support, typically include provisions for penalties and enforcement mechanisms. These might include fines, imprisonment, or other civil or criminal sanctions for non-compliance with the price control measures established under the National Security Act 1939-1946. The exact penalties would be determined by the broader legislative framework within which these Regulations operate.

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