National Security (Prices) Regulations (Amendment)

Legislation au C1943L00264 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1943. No. 264.

 

REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1943.*

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 1939-1943.

Dated this sixteenth day of October, 1943.

(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 (Prices) Regulations.†

Determination of maximum prices, rates, &c.

1.—(1.) Regulation 23 of the National Security (Prices) Regulations is amended—

(a) by omitting from paragraph (5) of sub-regulation (1.) all the words after the words “may be sold” and inserting in their stead the following sub-paragraphs:—

“(i) by any person, shall be such price as is fixed by the Commissioner by notice in writing to that person; or

(ii) by any body or association of persons, or any member of any such body or association, shall be such price as is fixed by the Commissioner by notice in writing to that body or association.”;

 

* Notified in the Commonwealth Gazette on      , 1943.

† Statutory Rules 1940, No. 176, as amended by Statutory Rules 1940, Nos. 219 and 294; 1941, Nos. 54 and 251; 1942, No. 513; and 1943, No. 220.

6190.—Price 3d. 9/14.10.1943.


(b) by inserting after sub-regulation (1a.) the following sub-regulations:—

“(1b.) The power conferred by paragraph (a) of sub-regulation (1.) of this regulation to fix and declare by order published in the Gazette the maximum price at which any declared goods may be sold shall for all purposes be deemed to be validly exercised by an order so published which fixes any such price by reference to a list of prices approved by the Commissioner and issued by a body or association of persons which is recognized by the Commissioner—

(a) in the case of sales by a producer or manufacturer of goods, to be representative of the producers or manufacturers, as the case may be, of the goods in relation to the sale of which the price is so fixed; and

(b) in the case of sales by a trader in goods, to be representative of the traders in the goods, in relation to the sale of which the price is so fixed.

“(1c.) Where the Commissioner makes an order in the form authorized by the last preceding sub-regulation, the Commissioner shall, on application by a seller of the goods to which the order relates, furnish him with a copy of the list of prices referred to in the order”;

(c) by omitting from paragraph (b) of sub-regulation (2.) all the words after the words “may be supplied or carried on” and inserting in their stead the following sub-paragraphs:—

“(i) by any person shall be such rate as is fixed by the Commissioner by notice in writing to that person; or

(ii) by any body or association of persons, or any member of any such body or association, shall be such rate as is fixed by the Commissioner by notice in writing to that body or association.”;

(d) by inserting after sub-regulation (2a.) the following sub-regulations:—

“(2b.) The power conferred by paragraph (a) of sub-regulation (2.) of this regulation to fix and declare by order published in the Gazette the maximum rate at which any declared service may be supplied or carried on shall for all purposes be deemed to be validly exercised by an order so published which fixes any such rate by reference to a list of rates approved by the Commissioner and issued by a body or association of persons which is recognized by the Commissioner to be representative of the persons who supply or carry on the service to which the order relates.


“(2c.) Where the Commissioner makes an order in the form authorized by the last preceding sub-regulation, the Commissioner shall, on application by any person who supplies or carries on the service to which the order relates, furnish him with a copy of the list of rates referred to in the order.”;

(e) by inserting after sub-regulation (2c.) the following sub-regulations:—

“(3.) The Commissioner shall not exercise the powers conferred by paragraph (5) of sub-regulation (1.), or paragraph (b) of sub-regulation (2.), of this regulation to fix by notice in writing to a body or association of persons the maximum price or rate at which the members of that body or association shall sell any goods or supply or carry on any service, unless that body or association—

(a) is recognized by the Commissioner as representative of the producers or manufacturers of or traders in those goods or of the persons who supply or carry on that service; and

(b) has requested the Commissioner in writing to exercise those powers.

“(3a.) Where the Commissioner fixes by notice in writing to a body or association of persons the maximum price or rate at which the members of that body or association may sell any goods or supply or carry on any service—

(a) the secretary or other proper officer of the body or association shall—

(i) upon receipt of the notice, forthwith acknowledge its receipt by telegram addressed to the Commissioner and communicate to the members, by letter or telegram, its contents and the date upon which he received it;

(ii) make a record of the time at which and the manner in which he communicates to each member the matters specified in the last preceding paragraph; and

(iii) produce the record for inspection on demand by the Commissioner;

(b) the contents of the notice, if communicated by letter, shall be presumed, unless the contrary is proved, to have been communicated to a member at the time at which the letter would he delivered to him in the ordinary course of post; and


(c) the notice shall take effect, in respect of any member, upon communication to him of its contents or upon the expiration of seven days from its receipt by the secretary or other proper officer of the body or association, whichever is the earlier”; and

(f) by re-numbering sub-regulations (3.), (4.) and (5.) (made by Statutory Rules 1940, No. 176) as sub-regulations (4.), (5.) and (6.), respectively.

(2.) Any order which the Commonwealth Prices Commissioner made or purported to make in pursuance of regulation 23 of the National Security (Prices) Regulations and which immediately before the commencement of the last preceding sub-regulation was unrevoked shall, notwithstanding the amendments effected in that regulation by paragraph (e) of the last preceding sub-regulation, have the same force and effect as if made under that regulation as so amended.

Offering to pay higher price for declared goods, &c.

2. Regulation 32 of the National Security (Prices) Regulations is amended by inserting, after the words “shall not”, the word “knowingly”.

3. After regulation 45 of the National Security (Prices) Regulations the following regulation is inserted:—

Manner in which notice in writing may be given.

“45a. A notice in writing for the purposes of these Regulations may be given—

(a) to any person, by delivering it by hand or by sending it by post in a letter addressed to that person at his last known or usual place of abode or place of business; or

(b) to any body or association of persons, by delivering it by hand to the secretary or other proper officer of the body or association, or by sending it by post in a letter addressed to him at the last known or usual place of business of the body or association”.

 

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

Overview

The Statutory Rules 1943, No. 264, titled "Regulations under the National Security Act 1939-1943," was introduced to address the economic challenges posed by the Second World War, particularly the need to control prices and prevent inflation in Australia. Enacted by the Governor-General in Council on 16 October 1943, these regulations amended the National Security (Prices) Regulations to provide the Commonwealth Prices Commissioner with the authority to fix maximum prices and rates for goods and services. The policy objective was to ensure fair pricing in a time of national emergency, preventing exploitation of consumers and maintaining economic stability. The regulations specified the methods for determining these prices, including the use of approved price lists from recognised bodies and associations, and outlined the procedures for notifying individuals and organisations of price and rate changes.

Scope and Application

The Statutory Rules 1943 No. 264, made under the National Security Act 1939-1943, amend the National Security (Prices) Regulations to refine the control of maximum prices and rates for goods and services during wartime. This legislation applies to any person, body, or association involved in the sale or supply of declared goods and services within the Commonwealth of Australia. The amendments provide that the Commonwealth Prices Commissioner can set maximum prices and rates, which must be communicated to the relevant parties. These regulations specifically empower the Commissioner to set prices and rates based on lists approved by recognised bodies or associations. The Commissioner's power to set prices and rates for groups must be preceded by a written request from the recognised body or association. Additionally, the Commissioner can only set maximum prices or rates for members of an association if the association is recognised as representative of the relevant industry and has made a written request for such action. These regulations extend to ensure that any prior orders made under the un-amended regulation 23 of the National Security (Prices) Regulations remain in force. The scope of this legislation is further extended through subordinate instruments, which may provide additional detail or clarification on the implementation and enforcement of these regulations.

Key Provisions

The main operative sections of these Regulations pertain to amendments to the National Security (Prices) Regulations, particularly regarding the fixing of maximum prices and rates for declared goods and services. Section 1 amends Regulation 23, stipulating that the Commissioner may now fix the maximum price or rate by reference to lists of prices or rates approved by the Commissioner and issued by bodies or associations recognized as representative of producers, manufacturers, or traders. It further details the process by which these prices and rates are to be communicated to the relevant parties, ensuring transparency and compliance. Section 2 adds the word “knowingly” to Regulation 32, clarifying that knowingly offering to pay a higher price for declared goods is prohibited. Section 3 introduces Regulation 45A, specifying the manner in which notices in writing can be given to individuals or bodies under the Regulations. The Regulations impose several obligations on parties and entities governed by them. The Commissioner must recognize representative bodies or associations before exercising powers to fix maximum prices or rates. These bodies or associations must request in writing for the Commissioner to exercise such powers. Additionally, when the Commissioner issues a notice fixing maximum prices or rates, the recognized bodies or associations are required to acknowledge receipt and communicate the notice to their members. They must also maintain records of these communications and make them available for inspection by the Commissioner. These measures are intended to ensure that the process is transparent and that all parties are adequately informed of the regulations affecting them. There are potential civil and criminal consequences for breaches of these Regulations. While specific penalties are not detailed within the Regulations themselves, breaches of the National Security Act 1939-1943, under which these Regulations are made, could lead to significant penalties. For instance, knowingly offering to pay a higher price for declared goods, as amended by Section 2, could result in fines or imprisonment. Additionally, failure to comply with the communication and record-keeping requirements set out in Section 1 could lead to enforcement actions. The exact penalties would depend on the nature and severity of the breach, as well as any applicable laws or regulations.

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