STATUTORY RULES.
1946. No. 71.
REGULATION 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 Regulation under the National Security Act 1939-1943.
Dated this tenth day of April, 1946.
HENRY
Governor-General.
By His Royal Highness’s Command,
JOHN J. DEDMAN
for and on behalf of the Minister of State for Defence.
Amendment of the National Security (Prices) Regulations.†
Definitions.
Regulation 3 of the National Security (Prices) Regulations is amended by adding at the end thereof the following sub-regulations:—
“(3.) Where any agreement (including any lease) has been entered into, whether before or after the commencement of this sub-regulation, under which a person has become entitled to rights or in privileges specified in paragraph (b), (c), (ca), (d) or (e) of the definition of “service” in sub-regulation (1.) of this regulation, the person from whom the rights or privileges have been acquired shall, for all purposes of these Regulations, be deemed to be supplying those rights or privileges, at all times during which the rights or privileges continue, at the rate of the remuneration charged therefor from time to time.
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* Notified in the Commonwealth Gazette on 11th April, 1946.
† Statutory Rules 1940, No. 170, 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, 34, 47, 52 and 118; and 1946, Nos. 12 and 19.
638.—Price 3d.
“(4.) Where the maximum rate of any such remuneration is, by virtue of any order or notice made or given after the making of any such agreement, and whether before or after the commencement of this sub-regulation, fixed under these Regulations at a rate lower than the rate otherwise payable under any such agreement, the agreement shall, while that maximum rate is in force, be deemed to be varied by the substitution of the rate so fixed for the rate otherwise payable under the agreement in respect of the exercise or enjoyment of any such rights or privileges after the commencement of this sub-regulation, or after the date on which the maximum rate becomes applicable, whichever is the later.”
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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
Overview
Statutory Rules 1946 No. 71, enacted under the National Security Act 1939-1943, addresses the need to regulate and control prices during times of national security concerns. This legislation was introduced by the Governor-General in and over the Commonwealth of Australia, acting on the advice of the Federal Executive Council. The primary policy objective of these regulations is to ensure that the rates at which services are supplied align with the established maximum rates, thereby preventing any discrepancies between agreed remuneration and the regulated maximum rates. This regulation was designed to maintain price stability and control inflation during the period of national security, ensuring that any agreements made do not exceed the prescribed limits set by the National Security Act.
Scope and Application
The Statutory Rules 1946 No. 71, made under the National Security Act 1939-1943, concerns the amendment of the National Security (Prices) Regulations, specifically targeting agreements and the remuneration charged for services during the period of national security measures. This regulation applies to any person or entity that has entered into an agreement, including leases, before or after the commencement of the sub-regulation, where the agreement grants rights or privileges specified in the definition of "service." The jurisdiction of this regulation extends across the Commonwealth of Australia, ensuring a unified approach to controlling prices during a national security context. Notably, this regulation does not explicitly exclude any entities or industries from its scope, implying a broad application unless otherwise specified in subordinate instruments. The regulation operates to deem the person from whom rights or privileges have been acquired as the supplier of those rights or privileges for the purposes of these Regulations, with any fixed maximum rate under these Regulations superseding the rates specified in individual agreements, thereby ensuring compliance with national security measures concerning prices.
Key Provisions
The main operative sections of these Regulations amend the National Security (Prices) Regulations, specifically Regulation 3, which deals with the definition of "service" and related remuneration (Regulation 3(1)). The amendment adds sub-regulations (3) and (4) to clarify the remuneration rate for certain rights or privileges obtained under agreements, including leases, when they fall under the specified categories (b), (c), (ca), (d), or (e) of the definition of "service". Sub-regulation (3) deems the person from whom the rights or privileges have been acquired as supplying those rights or privileges at the rate of remuneration charged from time to time. Sub-regulation (4) provides that if a maximum rate of remuneration is fixed under these Regulations, the agreement will be deemed to be varied by substituting the fixed rate for the rate otherwise payable under the agreement.
These Regulations impose obligations on parties involved in agreements that grant rights or privileges under the specified categories. The party from whom the rights or privileges have been acquired must be deemed to be supplying those rights or privileges at the remuneration rate stipulated in the agreement. If a maximum rate of remuneration is set by an order or notice under these Regulations, the agreement must be adjusted to reflect this rate. This ensures that the remuneration for services remains consistent with the regulatory framework, particularly in times of national security when price controls are in place.
The Regulations do not explicitly state any offences, penalties, or civil/criminal consequences for breach. However, non-compliance with the defined remuneration rates or failure to adjust agreements in line with the maximum rates could potentially lead to enforcement actions under the broader National Security Act 1939-1943. Such actions might include fines, legal penalties, or other regulatory measures designed to ensure adherence to national security pricing directives. The specific penalties would depend on the interpretation and enforcement by relevant authorities under the overarching Act.