STATUTORY RULES.
1939. No. 127.
REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939.*
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.
Dated this twenty-first day of October, 1939.
(SGD.) GOWRIE
Governor-General.
By His Excellency’s Command
for Minister of State for Defence.
AMENDMENT OF THE NATIONAL SECURITY (PRICES) REGULATIONS. †
Power to declare goods.
1. Regulation 17 of the National Security (Prices) Regulations is amended by inserting, after sub-regulation (1.), the following sub-regulations:-
“(1a.) Any declaration by the Minister in pursuance of sub-regulation (1.) of this regulation may be made generally or in respect of any part of the Commonwealth or any proclaimed area.”.
Contravention of prices.
2. Regulation 20 of National Security (Prices) Regulations is amended–
(a) by omitting from sub-regulation (1.) the words “shall be liable” and inserting in their stead the words “, in
* Notified in the Commonwealth Gazette on , 1939.
† Statutory Rules 1939, No. 110, as amended by Statutory Rules 1939, Nos. 114 and 119.
addition to any other penalty that may be imposed, the Court may order the defendant”;
(b) by adding at the end of that sub-regulation the words “and the like proceeding may taken upon the order as if the order had been a judgment of the Court in favour of the purchaser”; and
(c) by inserting, after sub-regulation (1.), the following sub-regulation:-
“(1a.) A certificate by the Commissioner or a Deputy Commissioner specifying the difference between the maximum price fixed, in relation to the goods, the sale of which is the subject of any proceedings under sub-regulation (1.) of this regulation, and the price at which the goods were sold shall be prima facie evidence of the matters stated therein.”.
Overview
The National Security Act 1939 was enacted to address the urgent need to regulate economic activities in the context of national security, particularly during the onset of World War II. The Act was introduced by the Australian Commonwealth Parliament to provide the executive government with the necessary tools to control economic resources and activities that could potentially threaten national security. The objective of the Act was to ensure that Australia could effectively manage its resources and economic stability in response to external threats. The accompanying Statutory Rules of 1939, including Statutory Rules No. 127, further refine and implement the provisions of the Act by allowing for the amendment of regulations related to prices, thereby providing a legal framework to control and stabilise economic activities deemed critical to national security.
Scope and Application
The Regulations under the National Security Act 1939 pertain to the amendment of the National Security (Prices) Regulations and apply to the entire Commonwealth of Australia or any proclaimed areas as designated by the Minister. These regulations impose obligations on individuals and entities involved in the sale of goods to adhere to the price controls established by the Minister. The amendments expand the scope of the regulations by allowing the Minister to make declarations regarding goods generally or for specific parts of the Commonwealth or proclaimed areas. Additionally, the Regulations address the contravention of price controls, specifying that a court may order additional penalties for violations, and that proceedings can be taken similarly to judgments in favour of the purchaser. Furthermore, a certificate issued by the Commissioner or a Deputy Commissioner is considered prima facie evidence of the specified differences between the maximum fixed price and the sale price of goods in any related proceedings. These regulations extend the application of the Act through subordinate instruments, thereby providing a framework for enforcing national security measures in relation to prices.
Key Provisions
The main operative sections of these regulations, which amend the National Security (Prices) Regulations, are regulations 17 and 20. Regulation 17 allows the Minister to declare goods in respect of which certain price controls apply, either generally across the Commonwealth or within any proclaimed area. Regulation 20 modifies the penalties for contravening price controls, specifying that courts may order defendants to pay the difference between the maximum allowed price and the actual sale price, in addition to any other penalties. It also allows for proceedings to be taken against the defendant similarly to a court judgment in favour of the purchaser, and provides that a certificate from the Commissioner or Deputy Commissioner is prima facie evidence of the price difference in such proceedings.
These regulations impose obligations on the Minister, the Commissioner or Deputy Commissioner, and any entity or individual subject to the price controls. The Minister must ensure that any declarations regarding the control of prices are made in accordance with the regulations, either generally or for specific areas. The Commissioner or Deputy Commissioner is required to issue certificates specifying the price differences for use in legal proceedings, ensuring that these certificates are based on the maximum allowed prices and the actual sale prices of the goods in question. Entities and individuals subject to the price regulations must comply with the declared maximum prices and face potential legal action if they fail to do so.
The regulations introduce specific offences and penalties for breaches of the price controls. Under the amended regulation 20, any person found in breach of the price controls may be subject to additional penalties imposed by a court, including the payment of the difference between the maximum allowed price and the actual sale price. Additionally, the regulations allow for proceedings to be taken against the defendant as if the court order were a judgment in favour of the purchaser. Failure to comply with these requirements can lead to legal consequences, including financial penalties and the possibility of civil action being pursued by affected parties.