National Security (Prices) Regulations (Amendment)

Legislation au C1948L00122 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1948. No. .

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REGULATIONS UNDER THE DEFENCE (TRANSITIONAL PROVISIONS) ACT 1946-1947.*

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 Defence (Transitional Provisions) Act 1946-1947.

Dated this Fifteenth day of September, 1948.

W. J. McKell

Governor-General.

By His Excellency’s Command,

(Sgd.) BEN COURTICE

for and on behalf of the Minister of State for Post-war Reconstruction.

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Amendments of the National Security (Prices) Regulations.†

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

Prices to cease to be controlled after specified date.

“3b.—(1.) The Minister may, by declaration published in the Gazette, declare that, from and including a date specified in the declaration, prices for the sale of goods and rates for the supply of services shall, in a State or Territory of the Commonwealth specified in the declaration, cease to be controlled under these Regulations.

“(2.) Where such a declaration has been made in relation to, a State or Territory of the Commonwealth—

(a) all notices and orders in force under these Regulations immediately prior to the date specified in the declaration shall, from and including that date, cease to have effect under these Regulations in that State or Territory ;

(b) all the provisions of these Regulations authorizing the giving or making of notices or orders shall, from and including that date, cease to have effect in that State or Territory ; and

(c) regulations 25, 26, 26a, 27, 37, 38, 39 and 49 shall, from and including that date, cease to have effect in that State or Territory.”.

 

* Notified in the Commonwealth Gazette on    September, 1948.

† Being the Regulations having that title as in force under the Defence (Transitional Provisions) Act 1946-1947, as amended by Statutory Rules 1947, Nos. 36, 88 and 150; and 1948, No. 44. The Regulations under the National Security Act 1939-1946 having the corresponding title comprise 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; 1945, Nos. 7, 24, 47, 52 and 113; and 1946, Nos. 12, 19, 71, 93, 148 and 198. These Regulations were also amended by the Defence (Transitional Provisions) Act 1946.

5116.—Price 3d.        100/13.9.1948.


Declaration of secrecy.

2. Regulation 11 of the National Security (Prices) Regulations is amended—

(a) by omitting from paragraph (b) of sub-regulation (4.) the word “ and ” ;

(b) by adding at the end of sub-regulation (4.) the following word and paragraph :—

“; and (d) the Commissioner, the Assistant Prices Commissioner, a Deputy Commissioner or a person thereto, authorized by the Commissioner from communicating to the Tariff Board constituted under the Tariff Board Act 1921-1947 any information relating to a matter in respect of which an inquiry is being held by the Tariff Board.” ; and

(c) by inserting after sub-regulation (4.) the following sub-regulation :—

“(4a.) Where the Minister declares that he is satisfied that the law of a State or Territory of the Commonwealth makes adequate provision for the preservation of the secrecy of information communicated to an authority or officer exercising powers and functions in relation to the control of prices and rates for goods and services in that State or Territory, nothing in this regulation shall be deemed to prohibit the Commissioner, the Assistant Prices Commissioner, a Deputy Commissioner or a person thereto authorized by the Commissioner from communicating information to such an authority or officer.”.

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

3. Regulation 24a of the National Security (Prices) Regulations is amended—

(a) by omitting the words “ specified in the order,”;

(b) by omitting the words “ so specified,”; and

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

“(2.) Every order made, or purporting to have been made, under this regulation before the, date, of commencement of the Regulations by which this sub-regulation was added, and in force, or purporting to be in force, on that date, shall, from and, including that date, have the same force and effect as if it had been made under this regulation as amended by those Regulations.”.

Saving of State laws.

4. Regulation 48 of the National Security (Prices) Regulations is repealed and the following regulation inserted in its stead :—

“48. Nothing in these Regulations shall affect the operation of any law of a State or Territory of the Commonwealth relating to the fixing of prices of goods or rates for services.”.

 

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

Overview

The Statutory Rules of 1948, No. 122, under the Defence (Transitional Provisions) Act 1946-1947, were enacted to address the need for transitional regulations concerning national security, particularly in the context of price controls following the Second World War. This legislative instrument was made by the Governor-General in Council, under the authority of the Act, to ensure a smooth transition from wartime economic controls to peacetime economic management. The primary objective of these regulations was to provide the Minister with the flexibility to declare the cessation of price controls in specific states or territories, thereby allowing for a gradual return to market-driven pricing mechanisms. Additionally, these regulations aimed to preserve the secrecy of information related to price control matters and ensure that state laws concerning price fixing were not adversely affected by federal regulations.

Scope and Application

The Statutory Rules of 1948, No. 1, made under the Defence (Transitional Provisions) Act 1946-1947, provide amendments to the National Security (Prices) Regulations. These regulations apply to the control of prices for the sale of goods and rates for the supply of services within specified states or territories of the Commonwealth. The Minister has the authority to declare via a published Gazette notice that, from a specified date, the control of prices and rates will cease to be enforced in designated areas. Upon such a declaration, existing notices, orders, and provisions authorising their issuance will no longer be effective in the declared areas. Additionally, certain regulations will also cease to have effect in those areas. The regulations further provide for amendments to the secrecy provisions and the power to prohibit the sale of goods or supply of services before a maximum price or rate is fixed. Notably, the regulations include a saving provision that ensures state laws concerning the fixing of prices of goods or rates for services are not affected by these regulations.

Key Provisions

The primary operative sections of these Regulations amend the National Security (Prices) Regulations under the Defence (Transitional Provisions) Act 1946-1947. Section 1 introduces a new regulation (3b) that allows the Minister to declare, via a Gazette notice, that prices for the sale of goods and rates for the supply of services will cease to be controlled in a specified State or Territory from a specified date (1). Section 2 amends regulation 11 to add provisions regarding the secrecy of information related to price control inquiries and allows for the communication of such information to State authorities if deemed necessary (2). Section 3 modifies regulation 24a to ensure that orders made before the commencement of these Regulations retain their force and effect as if made under the amended regulation (3). Section 4 repeals regulation 48 and replaces it with a new provision that preserves the operation of State laws concerning the fixing of prices of goods or rates for services (4). These Regulations impose several obligations on the relevant authorities and parties. The Minister is tasked with the responsibility of making declarations regarding the cessation of price controls in specified States or Territories (1). The Commissioner, Assistant Prices Commissioner, Deputy Commissioner, or authorized persons are required to adhere to secrecy provisions when communicating information related to price control inquiries, unless the Minister declares that State or Territory laws provide adequate secrecy provisions (2). Additionally, these Regulations ensure that existing orders remain effective despite amendments (3), and they explicitly preserve the operation of State laws related to price fixing (4). Breaches of these Regulations can lead to various civil and criminal consequences. For instance, failure to comply with the secrecy provisions or unauthorized communication of sensitive information could result in legal action under the relevant State or Territory laws. Furthermore, any misuse of price control orders or non-compliance with the declared cessation of controls could lead to administrative penalties or legal action for those involved. While specific maximum penalties are not detailed in these Regulations, breaches of related laws can generally result in fines or other legal sanctions as prescribed by the respective State or Territory legislation.

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