National Security (Prices) Regulations (Amendment)

Legislation au C1945L00024 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1945. No. 24.

 

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 twenty-eighth day of February, 1945.

HENRY

Governor-General.

 

By His Royal Highness’s Command,

R. V. KEANE

for and on behalf of the Minister of State for Defence.

 

Amendments of the National Security (Prices) Regulations.†

Power to obtain information.

1. Regulation 17 of the National Security (Prices) Regulations is amended—

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

“(1a.) The Commissioner, Deputy Commissioner, or officer thereto authorized in writing by the Commissioner may require the information to be given, or the question to be answered, on oath and either orally or in writing, and for that purpose may administer an oath.”; and

(b) by adding at the end thereof the following sub-regulation:—

“(3.) A person shall not be obliged to answer orally any question or questions unless he has first been informed by the Commissioner, or the Deputy Commissioner, or the authorized officer asking the question or questions that he is required and is obliged to answer by virtue of this regulation.”.

Determination of maximum prices, rates, &c.

2. Regulation 23 of the National Security (Prices) Regulations is amended by inserting, after sub-regulation (3a.), the following sub-regulations:—

“(3b.) An order under this regulation may contain such incidental and supplementary provisions as are necessary or expedient for the purposes of the order.

 

* Notified in the Commonwealth Gazette on 2nd March, 1945.

† Statutory Rules 1940, No. 176, 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, 83, 94, 113, 152 and 192; and 1945, No. 7.

1804.—Price 3d.


“(3c.) The mere production of the Gazette containing an order published in pursuance of this regulation (whether before or after the commencement of this sub-regulation) fixing and declaring—

(a) by reference to a list of prices, the maximum price at which any declared goods may be sold; or

(b) by reference to a list of rates, the maximum rate at which any declared service may be supplied or carried on,

or of a paper purporting to be a copy of any such order and purporting to be printed by the Government Printer, shall in all Courts be evidence that the list was at the date of publication of the order in the Gazette approved by the Commissioner and issued by a body or association of persons recognized by the Commissioner to be—

(i) representative of the producers or manufacturers of the goods;

(ii) representative of the traders in the goods; or

(iii) representative of the persons who supply or carry on the service,

as the case may be.”.

3. After regulation 24 of the National Security (Prices) Regulations the following regulation is inserted:—

Power to prohibit sale of goods or supply of services before maximum price or rate fixed.

“24a. The Commissioner may, by order, provide that a person specified in the order, shall not sell any declared goods, or supply or carry on any declared service, so specified, unless and until that person has made a written request to the Commissioner to fix the maximum price at which the goods may be sold or the maximum rate at which the service may be supplied or carried on and the Commissioner has fixed the maximum price or the maximum rate accordingly.”.

4. After regulation 32 of the National Security (Prices) Regulations the following regulation is inserted:—

Delivery of goods less in quantity or inferior in quality to those sold.

“32aa. In relation to the sale of any declared goods the maximum price of which has been fixed by or under these Regulations, a person shall not, without the consent of the Commissioner, deliver or offer to deliver, or knowingly accept, or offer to accept, delivery of—

(a) a quantity of the goods less than the quantity agreed to be sold; or

(b) goods inferior in quality to the goods agreed to be sold:

Provided that, where the agreement for the sale of the goods provides for delivery of the goods by instalments over a period, the goods may be so delivered if the whole of the goods are delivered within the time specified in the agreement.”.

Sales by auction.

5. Regulation 41 of the National Security (Prices) Regulations is amended—

(a) by inserting in sub-regulation (1.), before the word “notice”, the words “order published in the Gazette or by”; and

(b) by omitting sub-regulation (2.) and inserting in its stead the following sub-regulation:—

“(2.) A person shall not sell, or offer to sell, by auction, any declared goods in contravention of any order or notice under this regulation.”.


6. After regulation 42 of the National Security (Prices) Regulations the following regulation is inserted:—

Delivery of invoice or docket with declared goods.

“42a. The Commissioner may, by order, provide that any person who sells any declared goods, the maximum price of which is fixed by or under these Regulations, shall deliver with the goods, or within such time after the delivery of the goods as is specified in the order, an invoice or docket containing such particulars as are so specified.”.

7.—(1.) Regulation 45 of the National Security (Prices) Regulations is repealed and the following regulation inserted in its stead:—

Particulars with respect to declared goods and declared services to be exhibited.

“45.—(1.) The Commissioner may, by order, require any trader or class of trader, who sells or has for sale any declared goods or who supplies or carries on any declared service, the maximum price of, or the maximum rate for, which is fixed by or under these Regulations, to exhibit, in such position and in such manner as are specified in the order, such particulars relating to any such declared goods or services as are so specified.

“(2.) The Commissioner, or a Deputy Commissioner, or an authorized officer, if, in his opinion, the particulars are not legible to persons contemplating making any purchase or conducting any business at the trader’s place of business, may direct that they be exhibited in such position or in such manner as he thinks fit, and the owner or person in charge of the trader’s place of business shall forthwith cause the particulars to be exhibited in accordance with the direction.

“(3.) The Commissioner, or a Deputy Commissioner, or an authorized officer, may, at any time, by notice in writing, require the owner or person in charge of any trader’s place of business to furnish him with details of the particulars which the trader is purporting to exhibit in pursuance of any order made under this regulation.

“(4.) A person shall not refuse or fail to comply with any requirement or direction made or given under this regulation or by any order made in pursuance of this regulation.”.

(2.) All requirements and directions made or given under the regulation repealed by this regulation which were in force immediately prior to such repeal shall continue in force as if made or given under the regulation inserted by this regulation.

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

Tickets, &c., to be attached to declared goods.

“45ab. The Commissioner may by order require any person who sells or has for sale any declared goods the maximum price of which is fixed by or under these Regulations, to attach to, or display with, such of those goods as the Commissioner specifies, a ticket or label in such form as the Commissioner determines, setting forth such particulars relating to those goods as the Commissioner specifies, or otherwise to mark them with those particulars in such manner as the Commissioner determines.”.

Manner in which notice in writing may be given.

9. Regulation 45a of the National Security (Prices) Regulations is amended—

(a) by omitting from paragraph (a) the word “or” (last occurring); and


(b) by adding at the end thereof the following paragraph:—

“; or (c) to persons generally or to persons included in a class of persons or to persons in any area by publication of the notice in the Gazette.”.

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

Application of orders, &c.

“45b. Any order or notice authorized to be made or given under these Regulations may be made or given so as to apply according to its tenor, to—

(a) persons generally;

(b) all or any persons included in a class of persons;

(c) all or any persons in any area;

(d) any particular person;

(e) goods or services generally;

(f) any class of goods or any class of services;

(g) all or any goods or services in any area; or

(h) specific goods or a specific service.”.

Books, accounts, &c., to be kept and preserved.

11. Regulation 49 of the National Security (Prices) Regulations is amended by adding at the end thereof the following sub-regulations:—

“(2.) Without affecting the generality of the last preceding sub-regulation, the Commissioner may, by notice in writing, direct any person to whom that sub-regulation applies to keep such books, accounts and records as are specified in the notice.

“(3.) Every person to whom any such direction is given shall comply with the direction and shall preserve the books, accounts and records required to be kept by him in accordance with the direction until their destruction is authorized by the Commissioner.”.

Effect of certain orders.

12. Regulation 1 of the Statutory Rules 1943, No. 264 is amended—

(a) by omitting from sub-regulation (2.) the word “so”; and

(b) by adding at the end of that sub-regulation the words “by the last preceding sub-regulation”.

 

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

Overview

The Statutory Rules 1945, No. 24, Regulations Under the National Security Act 1939-1943, were enacted by the Governor-General in accordance with the advice of the Federal Executive Council. These regulations aimed to address issues related to national security during wartime, specifically focusing on the control and regulation of prices and services to maintain economic stability and prevent exploitation. The problem these regulations sought to resolve was the potential for price manipulation and shortages of essential goods and services due to the extraordinary circumstances of the war. The enacting body was the Parliament of Australia, with the regulations being made under the authority granted by the National Security Act 1939-1943. The overarching policy objective was to ensure that the nation’s resources were efficiently managed and distributed to support the war effort and protect the public from economic harm.

Scope and Application

The Statutory Rules 1945, No. 24, made under the National Security Act 1939-1943, provide regulations concerning the determination of maximum prices, rates, and the sale of declared goods and services during times of national security. These regulations apply to the Commonwealth of Australia and extend to any person or entity involved in the sale of declared goods or services, which include goods and services critical to national security efforts. The Commissioner has the authority to obtain information and administer oaths to ensure compliance with these regulations, and any person may be required to respond to questions about these goods or services, provided they have been duly informed of their obligations under the law. Furthermore, these regulations empower the Commissioner to set maximum prices and rates for certain goods and services, to prohibit sales until those prices or rates are determined, and to require that goods sold are delivered in the agreed quantity and quality. The Commissioner can also mandate the display of specific information regarding declared goods and services and require the attachment of tickets or labels to those goods. These regulations are broad in their application, extending to all persons, entities, and transactions involved with the sale of declared goods and services within Australia. The regulations also permit the use of subordinate instruments to extend or clarify their application, ensuring that they can be adapted to meet the needs of national security during periods of crisis.

Key Provisions

The main operative sections of the Statutory Rules 1945, No. 24, which amends the National Security (Prices) Regulations, introduce several key provisions. Regulation 17 is amended to allow the Commissioner, Deputy Commissioner, or an authorized officer to require information to be given or questions to be answered on oath, either orally or in writing (17(1a)). It also stipulates that a person is not required to answer a question orally unless they have been informed of the requirement to do so by the Commissioner or an authorized officer (17(3)). Regulation 23 is modified to allow for the inclusion of incidental and supplementary provisions in orders determining maximum prices or rates (23(3b)). It further establishes that the publication of an order in the Gazette serves as evidence that the list of prices or rates was approved by the Commissioner and issued by a recognized body or association (23(3c)). These regulations impose several obligations on parties and entities governed by the Act. They mandate that information required under Regulation 17 must be provided on oath, either orally or in writing (17(1a)). They also require that before a person is obliged to answer a question orally, they must be informed of this requirement by the Commissioner or an authorized officer (17(3)). Furthermore, Regulation 24a allows the Commissioner to prohibit the sale of specified goods or services unless a written request is made to the Commissioner to fix a maximum price or rate, which the Commissioner must then establish (24a). Regulation 32a prohibits the delivery or acceptance of goods that are either less in quantity or inferior in quality to what was agreed upon without the Commissioner's consent (32aa). The regulations also outline various offences and penalties for non-compliance. Regulation 42a provides that the Commissioner may require sellers of declared goods to deliver an invoice or docket containing specified particulars, and failure to comply with such an order is an offence (42a). Regulation 45 mandates that traders or classes of traders must exhibit specified particulars regarding declared goods or services in the manner prescribed by the Commissioner (45(1)). Failure to comply with a requirement or direction made under this regulation is also an offence (45(4)). Similarly, Regulation 45ab allows the Commissioner to require the attachment or display of a ticket or label on declared goods, and failure to comply with such an order is an offence (45ab). The penalties for these offences are not explicitly stated in the regulations, but they are likely to be determined under the National Security Act 1939-1943 or other relevant legislation.

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