STATUTORY RULES
1946. No. 198.
REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939–1946.*
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 National Security Act 1939–1946.
Dated this nineteenth day of December, 1946.
HENRY
Governor-General.
By His Royal Highness’s Command,
BEN COURTICE
for and on behalf of the Minister of State for Defence.
Amendments of the National Security (Prices) Regulations.†
Definitions.
1. Regulation 3 of the National Security (Prices) Regulations is amended by inserting in sub-regulation (1.), before the definition of “authorized officer”, the following definition:—
“‘Australia’ includes the Territories of the Commonwealth;”
2. After regulation 3 of the National Security (Prices) Regulations the following regulation is inserted:—
Application of Regulations to Territories.
“3a. Every regulation contained in these Regulations shall, unless the contrary intention appears, extend to the Territory of Papua and to the Territory of New Guinea.”.
Sale of goods subject to condition to refund excess price prohibited.
3. Regulation 28 of the National Security (Prices) Regulations is amended by omitting paragraph (a) and inserting in its stead the following paragraph:—
“(a) sell or offer for sale any declared goods or supply or offer to supply any declared service subject to a condition to the effect that, if the price or rate at which the goods are sold or the service supplied is not approved at a later date by the Commissioner, a refund or adjustment will be made; or”.
* Notified in the Commonwealth Gazette on 20th December, 1946.
† Statutory Rules 1940, 176, as amended by Statutory Rules 1940, Nos. 210 and 264; 1941, Nos. 54 and 251; 1942, No. 518; 1943, Nos. 229, 264 and 278; 1944, Nos. 25, 83, 94, 118, 132 and 192; 1945, Nos. 7, 24, 47, 52, 118; and 1946, Nos. 12, 19, 71, 98 and 148.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra
7727.—Price 3d.
Overview
The Statutory Rules 1946 No. 198, Regulations Under the National Security Act 1939–1946, were enacted to address the need for extending the application of the National Security (Prices) Regulations to the Territories of Papua and New Guinea, ensuring uniform price control measures across these regions. Made under the authority of the Governor-General, acting on the advice of the Federal Executive Council, these regulations aimed to integrate these territories more closely with the mainland in terms of economic and security measures. The primary objective was to maintain price stability and control during the post-World War II period by prohibiting the sale of goods under conditions that would require refunds if prices were later disapproved, thereby ensuring consistency in price regulation.
Scope and Application
The Regulations under the National Security Act 1939–1946, as amended, apply to all entities and persons involved in the sale of declared goods or services within the jurisdiction of Australia, including its territories. The scope of these regulations extends to the Territories of Papua and New Guinea, encompassing all commercial transactions subject to these provisions. The regulations specifically prohibit the sale or offer to sell declared goods or services under a condition that a refund will be made if the price is not approved by the Commissioner at a later date. This regulation aims to maintain price stability and prevent speculative pricing of essential goods and services during periods of national security concern. The application of these regulations is comprehensive, with no explicit exclusions mentioned within the text of these specific statutory rules, thereby affecting all relevant transactions within the specified jurisdictions.
Key Provisions
The main operative sections of these Regulations, made under the National Security Act 1939-1946, amend and clarify the National Security (Prices) Regulations. Section 1 amends Regulation 3 to include the definition of "Australia" to encompass the territories of the Commonwealth, ensuring a broader geographical scope for the legislation. Section 2 introduces a new Regulation 3a, which states that unless otherwise specified, all regulations in the National Security (Prices) Regulations extend to the Territory of Papua and the Territory of New Guinea. This amendment ensures that the price control measures apply uniformly across all territories. Section 3 revises Regulation 28, prohibiting the sale or offer for sale of declared goods or services with a condition for a refund if the price is not later approved by the Commissioner. This provision aims to prevent sellers from setting prices that might later require adjustments, thus maintaining price stability.
These Regulations impose specific obligations on parties and entities governed by them. Firstly, sellers of declared goods and services must ensure that no sales or offers for sale include conditions for refunds if prices are not approved later by the Commissioner. This requirement aims to prevent price fluctuations and maintain price controls during times of national security concern. Additionally, the application of these regulations to the territories of Papua and New Guinea means that entities operating in these areas must also comply with the price control measures outlined in the Regulations.
Failure to comply with these Regulations can lead to significant legal consequences. While the specific offences, penalties, or consequences for breach are not detailed within the provided text, it is reasonable to infer that breaches of national security regulations during wartime could lead to criminal charges, fines, or other penalties as prescribed by the National Security Act 1939-1946. Given the context of national security and price control during a wartime scenario, the penalties for non-compliance could be severe, reflecting the importance of adhering to these regulations to support the war effort and maintain economic stability.