National Security (Prices) Regulations (Amendment)

Legislation au C1944L00152 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1944. No. 152.

––––––

REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1943.*

I, THE ADMINISTRATOR of the Government of 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 eighteenth day of October, 1944.

W. DUGAN

Administrator.

By His Excellency’s Command,

for Minister of State for Defence.

 

Amendments of the National Security (Prices) Regulations.

1. After regulation 17 of the National Security (Prices) Regulations the following regulation is inserted:—

Production of balance-sheets and other accounts and statements.

17a.—(1.) A trader who sells or has for sale any goods or supplies or carries on any service, upon being required so to do by the Commissioner or a Deputy Commissioner by notice in writing, shall produce to the Commissioner or Deputy Commissioner, as the case may be—

(a) all balance-sheets, manufacturing, trading, profit and loss, production and revenue accounts and all production, financial and statistical and similar statements prepared by the trader or on his behalf in relation to his business of selling goods or supplying or carrying on a service; and

(b) all documents of any kind (including documents of the kind referred to in regulation 49 of these Regulations) which relate to the conduct of the business including the sale of the goods or the supply or carrying on of the service,

which are specified in the notice, and shall leave those balance-sheets, accounts, statements and documents with the Commissioner or the Deputy Commissioner, as the case may be, or furnish him with copies thereof.

 

* Notified in the Commonwealth Gazette on , 1944.

† 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; and 1944, Nos. 25, 83 and 94.

6344.—Price 3d. 9/12.10.1944.


“(2.) Where any balance-sheet, account, statement or document required to be produced to the Commissioner or to the Deputy Commissioner, as the case may be, is in the possession or control of any person other than the trader to whose business it relates, that person shall, upon being required so to do by the Commissioner or the Deputy Commissioner, as the case may be, by notice in writing, produce to and leave with the Commissioner or the Deputy Commissioner, as the case may be, that balance-sheet, account, statement or document.

“(3.) A trader or other person who has been required to produce to the Commissioner or to the Deputy Commissioner, any balance-sheet, account, statement or document, shall, if the Commissioner or the Deputy Commissioner, as the case may be, so requires, permit the Commissioner or the Deputy Commissioner, as the case may be, to make a copy of, or to take an extract from, that balance-sheet, account, statement or document.”.

Power to declare goods and services.

2. Regulation 22 of the National Security (Prices) Regulations is amended by omitting the proviso to sub-regulation (2.).

 

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

Overview

The Statutory Rules 1944 No. 152, issued under the National Security Act 1939-1943, addresses the need for stringent controls over economic activities to ensure the smooth functioning of national security during wartime. Enacted by the Administrator of the Government of the Commonwealth of Australia with the advice of the Federal Executive Council, these regulations aim to provide the necessary powers to the Commissioner or Deputy Commissioner to obtain essential business documentation from traders. This includes the production of balance-sheets, accounts, and various statements pertinent to the conduct of business, thereby facilitating oversight and regulation of prices and supplies. The overarching policy objective is to maintain economic stability and ensure that resources are allocated efficiently in support of the national security efforts during the war.

Scope and Application

The Regulations under the National Security Act 1939-1943, specifically Statutory Rules 1944 No. 152, pertain to the Commonwealth of Australia and apply to traders who engage in the sale of goods or the provision of services. The regulations compel these traders to produce detailed financial and operational documents upon request from the Commissioner or Deputy Commissioner. This includes balance sheets, manufacturing and trading accounts, profit and loss statements, production and revenue records, and any other financial or statistical documents pertinent to the trader's business. Additionally, the regulations extend to any person who may hold such documents on behalf of a trader, requiring them to produce these documents upon demand. The geographic reach of these regulations is nationwide, enforcing compliance across all jurisdictions within Australia. The regulations do not explicitly state any exclusions or exemptions but imply that their application is broad, encompassing all traders and related documents specified in the regulations. The power to amend and enforce these regulations is vested in the Commissioner or Deputy Commissioner, who can mandate the production, copying, or extraction of necessary documents to ensure compliance.

Key Provisions

The Regulations under the National Security Act 1939-1943 (C1944L00152) introduce specific provisions aimed at ensuring compliance with national security measures during wartime. A key operative section is regulation 17a (1), which mandates that any trader involved in the sale of goods, supplies, or services must produce various financial and operational documents upon request from the Commissioner or Deputy Commissioner (1). This includes balance-sheets, manufacturing, trading, profit and loss, production, and revenue accounts, as well as all related financial and statistical statements and documents specified in the notice. The trader must either leave these documents with the Commissioner or Deputy Commissioner or provide copies (1). The Regulations impose specific obligations on traders and other relevant parties. These obligations include the requirement to produce the specified documents upon request (17a(1)) and to permit the Commissioner or Deputy Commissioner to make copies or extracts from these documents if required (17a(3)). Furthermore, if the requested documents are in the possession of someone other than the trader, that person must also produce and leave the documents with the Commissioner or Deputy Commissioner upon request (17a(2)). Breach of these requirements can lead to various consequences. While the specific offences and penalties are not detailed in the provided excerpt, under the overarching National Security Act 1939-1943, failure to comply with such regulatory requirements could potentially result in civil or criminal penalties. Given the wartime context, non-compliance could be seen as undermining national security efforts, potentially leading to severe consequences as prescribed by the Act.

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National Security Law
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Regulation
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Definitions & Interpretation
Reporting & Disclosure Obligations
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.