National Security (Prices) Regulations (Amendment)

Overview

The Statutory Rules 1941, No. 251, made under the National Security Act 1939-1940, introduced a regulation to address the need for additional administrative support in managing national security-related price controls during World War II. Enacted by the Governor-General in the Commonwealth of Australia, acting with the advice of the Federal Executive Council, this regulation aimed to streamline the enforcement of the National Security (Prices) Regulations by establishing the role of an Assistant Prices Commissioner. The policy objective was to enhance the efficiency and effectiveness of price regulation efforts by delegating certain powers and functions from the Commissioner to the Assistant Prices Commissioner, thereby ensuring that the rigorous demands of wartime economic controls could be met with adequate personnel and resources.

Scope and Application

This Statutory Rule, made under the National Security Act 1939-1940, introduces amendments to the National Security (Prices) Regulations by establishing the appointment of an Assistant Prices Commissioner. The Governor-General is empowered to appoint this individual, who will serve at the Governor-General's pleasure. The Assistant Prices Commissioner is endowed with the same powers and functions as the Commissioner, including the ability to exercise powers and functions based on the Assistant's opinion, belief, or state of mind, mirroring those of the Commissioner. However, it is explicitly stated that the Assistant Prices Commissioner does not gain any powers or functions from the Commissioner under regulation 46, nor does this appointment hinder the Commissioner’s exercise of any powers or functions. The Commissioner retains the same powers in relation to acts performed by the Assistant Prices Commissioner as if they were performed by the Commissioner himself. This regulation extends across the Commonwealth, thereby impacting all relevant entities and persons within the jurisdiction of Australia.

Key Provisions

The Statutory Rules 1941, No. 251, made under the National Security Act 1939-1940, introduce an amendment to the National Security (Prices) Regulations. Specifically, this regulation introduces the role of an Assistant Prices Commissioner (section 7a). The Governor-General is authorised to appoint this individual, who holds office at the Governor-General's pleasure. This Assistant Prices Commissioner is granted extensive powers and functions, mirroring those of the Commissioner under the Regulations, subject to the Commissioner's direction and any specified provisions. The regulation clarifies that where the Commissioner's opinion or belief is required under the Regulations, the Assistant Prices Commissioner can exercise those same powers based on their own opinion or belief. However, it is explicitly stated that this role does not include the powers or functions under regulation 46, and the Commissioner retains full authority over any actions taken by the Assistant Prices Commissioner. The obligations imposed by this regulation are significant. The Assistant Prices Commissioner must operate within the bounds set by the Governor-General's appointment and the Commissioner's directives. They are expected to perform their duties diligently and in accordance with the overarching goals of the National Security (Prices) Regulations. The regulation ensures that the Assistant Prices Commissioner's actions are consistent with the Commissioner's powers, maintaining a clear chain of command and accountability within the regulatory framework. Breaching the provisions of this regulation or acting beyond the granted powers could result in serious consequences. While the specific offences and penalties are not detailed within this regulation, the overarching National Security Act 1939-1940 and related legislation likely impose stringent penalties for non-compliance. Offences could potentially lead to both civil and criminal liabilities, with penalties varying depending on the severity and nature of the breach. Given the context of national security and price regulation during wartime, the penalties could be substantial, reflecting the importance of adhering to the regulatory framework to maintain order and control over economic activities.