National Security (Prices) Regulations (Amendment)

Legislation au C1941L00054 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1941. No. 54.

 

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 day of March, 1941.

Governor-General.

By His Excellency’s Command,

for and on behalf of Minister of State for Defence Co-ordination.

 

Amendments of the National Security (Prices) Regulations.†

Power to declare goods and services.

1. Regulation 22 of the National Security (Prices) Regulations is amended by inserting at the end of sub-regulation (3.) the words “or in respect of any person or body or association of persons”.

Determination of maximum prices, rates, &c.

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

“(1.) The Commissioner may, with respect to any declared goods, from time to time, in his absolute discretion, by order published in the Gazette—

(a) fix and declare the maximum price at which any such goods may be sold generally or in any part of Australia or in any proclaimed area; or

(b) declare that the maximum price at which any such goods may be sold by any person or body or association of persons shall be such price as is fixed by notice by the Commissioner in writing to that person or body or association of persons.

 

* Notified in the Commonwealth Gazette on , 1941

† Statutory Rules 1940, No. 176, as amended by Statutory Rules 1940, Nos. 219.and 294.

1427.—8/12.3.1941.—Price 3d


“(1a.) In particular, but without limiting the generality of the last preceding sub-regulation, the Commissioner, in the exercise of his powers under that sub-regulation, may fix and declare—

(a) different maximum prices according to differences in quality or description or in the quantity sold, or in respect of different forms, modes, conditions, terms, or localities of trade, commerce, sale or supply;

(b) different maximum prices for different parts of Australia, or in different proclaimed areas;

(c) maximum prices on a sliding scale;

(d) maximum prices on a condition or conditions;

(e) maximum prices for cash, delivery or otherwise, and in any such case inclusive or exclusive of the cost of packing or delivery;

(f) maximum prices on landed or other cost, together with a percentage thereon or a specified amount, or both;

(g) maximum prices according to or upon any principle or condition specified by the Commissioner; and

(h) maximum prices relative to such standards of measurement, weight, capacity, or otherwise howsoever as he thinks proper, or relative to prices charged by individual traders on any date specified by the Commissioner, with such variations (if any) as in the special circumstances of the case the Commissioner thinks fit, or so that such prices shall vary in accordance with a standard, or time, or other circumstance, or shall vary with profits or wages, or with such costs as are determined by the Commissioner.

“(2.) The Commissioner may, with respect to any declared service, from time to time, in his absolute discretion, by order published in the Gazette—

(a) fix and declare the maximum rate at which any declared service may be supplied or carried on generally or in any part of Australia or in any proclaimed area; or

(b) declare that the maximum rate at which any such service may be supplied or carried on by any person or body or association of persons shall be such rate as is fixed by notice by the Commissioner in writing to that person or body or association of persons.

“(2a.) In particular, but without limiting the generality of the last preceding sub-regulation, the Commissioner, in the exercise of his powers under that sub-regulation, may fix and declare—

(a) different maximum rates according to differences in the quality, description or volume of the service supplied or carried on or in respect of different forms, modes, conditions, terms or localities of trade, commerce or supply;


(b) different maximum rates for different parts of Australia or in different proclaimed areas;

(c) maximum rates on a sliding scale;

(d) maximum rates on a condition or conditions;

(e) maximum rates for cash or on terms;

(f) maximum rates according, to or upon any principle or condition specified by the Commissioner; and

(g) maximum rates relative to such standards as he thinks proper, or relative to the rates charged by individual suppliers on any date specified by the Commissioner, with such variations (if any) as in the special circumstances of the case the Commissioner thinks fit, or so that such rates will vary in accordance with a standard, or time, or other circumstance, or shall vary with profits or wages, or with such costs as are determined by the Commissioner.”.

 

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

Overview

The Statutory Rules 1941 No. 54 are Regulations made under the National Security Act 1939–1940. These regulations were enacted to address the need for effective control over prices and rates during times of national emergency, specifically in the context of World War II. The regulations were issued by the Governor-General in Council, acting on the advice of the Minister of State for Defence Co-ordination. The policy objective of these regulations was to enable the Commissioner to exercise absolute discretion in determining maximum prices and rates for declared goods and services, thereby ensuring that prices did not rise excessively and that essential goods and services remained affordable for the public during wartime. The regulations allow for a wide range of factors to be considered when setting prices and rates, reflecting the complex and dynamic nature of the wartime economy.

Scope and Application

The Statutory Rules 1941, No. 54 made under the National Security Act 1939–1940, extend the powers of the Commissioner to determine maximum prices and rates for goods and services within the Commonwealth of Australia. This legislative instrument applies to any person, body, or association of persons involved in the trade, commerce, sale, or supply of declared goods and services. The amendments allow the Commissioner to set different maximum prices and rates based on various factors, including quality, description, quantity, form, mode, conditions, terms, locality, and geographic areas within Australia or in any proclaimed areas. The Commissioner’s powers are exercised through orders published in the Gazette or through written notices to specific entities, providing flexibility in regulating prices and rates to ensure stability and control during national emergencies. These regulations are comprehensive in scope, covering all aspects of trade and commerce within the specified areas, and are subject to amendments through subordinate instruments.

Key Provisions

The primary operative sections of this legislative instrument pertain to the amendment of the National Security (Prices) Regulations under the National Security Act 1939–1940. Specifically, Regulation 22 is amended to expand the scope of who can be subject to price declarations to include any person, body, or association of persons (Reg. 22, sub-reg. 3). Furthermore, Regulation 23 is replaced to grant the Commissioner the authority to fix and declare maximum prices and rates for goods and services through orders published in the Gazette (Reg. 23, sub-reg. 1 and 2). This power is further detailed in sub-regulations (1a) and (2a) which outline the various conditions and principles under which these maximum prices and rates can be set, such as varying by quality, location, or other specific criteria (Reg. 23, sub-regs. 1a and 2a). The obligations imposed by these regulations require the Commissioner to exercise discretion in setting maximum prices and rates for declared goods and services. This includes the ability to set different prices and rates based on various factors such as quality, location, or specific trading conditions. The Commissioner must publish any such determinations in the Gazette to ensure transparency and public awareness of these price controls. Additionally, the Commissioner has the authority to communicate directly with individuals, bodies, or associations to set specific maximum prices or rates for their goods or services, further enforcing compliance with the declared limits. In terms of consequences for breach, the regulations do not explicitly state the penalties or legal repercussions for non-compliance with the set maximum prices and rates. However, given the context of national security and the imperative to control prices during wartime, it can be inferred that failure to adhere to these regulations could result in significant legal and possibly criminal consequences. The precise nature of these penalties would likely be determined by the broader legal framework under the National Security Act 1939–1940, which may include fines, imprisonment, or other punitive measures deemed necessary by the courts.

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