STATUTORY RULES.
1944. No. 25.
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REGULATION 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 Regulation under the National Security Act 1939-1943.
Dated this eighth day of February, 1944.
(SGD.) GOWRIE.
Governor-General.
By His Excellency’s Command,
for and on behalf of the Minister of State for Defence.
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Amendment of the National Security (Prices) Regulations.†
After regulation 45 of the National Security (Prices) Regulations the following regulation is inserted:—
Advertisements as to declared goods.
“45a.—(1.) The Commissioner may, by order published in the Gazette, make provision for the inclusion in advertisements, or in any class of advertisements, published by any person, or by any specified person, or by persons included in any class of persons, in relation to any declared goods or any class of declared goods of such particulars (including particulars as to the maximum price fixed by or under these Regulations) as are specified in the Order.
“(2.) A person shall not publish, or cause to be published, any advertisement in relation to declared goods which does not include the particulars required to be specified in pursuance of any order under this regulation which is applicable to that advertisement.
* 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; and 1943, Nos. 220, 264 and 278.
476.—Price 3d. 9/24.1.1944.
“(3.) An advertisement shall be deemed to be published within the meaning of this regulation if it is—
(a) inserted in any newspaper, periodical, or any other publication printed or published in Australia; or
(b) exhibited to public view in, or on, any building, vehicle or place (whether or not a public place and whether on land or water); or
(c) contained in any document sent or delivered gratuitously to any person or thrown or left upon premises in the occupation of any person; or
(d) broadcast by wireless transmission.”.
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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
Overview
The Statutory Rules of 1944 No. 25, made under the National Security Act 1939-1943, were introduced by the Governor-General in Council to address the need for stringent control over advertisements related to goods that were declared under wartime regulations. Enacted during a period of significant national emergency, the regulation aimed to ensure that any advertisements for such goods adhered to the specified conditions, particularly concerning price limits. The policy objective of the regulation was to maintain orderly economic conditions and prevent price manipulation or exploitation of wartime shortages, thereby supporting broader national security efforts. The regulation provided the Commissioner with the authority to issue orders that specified particulars that must be included in advertisements for declared goods, ensuring transparency and compliance among advertisers.
Scope and Application
The Legislative Instrument C1944L00025, issued under the National Security Act 1939-1943, targets the regulation of advertisements concerning declared goods, providing specific stipulations on what must be included in such advertisements to ensure compliance with wartime economic controls. This regulation applies to any person, or any specified person, or any class of persons who publish advertisements regarding declared goods within Australia. The geographic reach of this regulation is national, extending to all regions and territories within the Commonwealth of Australia, ensuring a consistent application across the country. The regulation mandates that advertisements must include particulars specified in an order made by the Commissioner, such as maximum prices set under these regulations. Non-compliance with these advertising requirements constitutes an offence, with potential penalties or sanctions as prescribed under the broader National Security Act. The regulation's scope can be further extended or specified through subordinate instruments issued by the Commissioner, allowing for targeted amendments to address emerging issues or changes in the economic landscape during the wartime context.
Key Provisions
The key operative section of this legislation (Regulation 45a) allows the Commissioner to mandate specific particulars, including maximum prices, in advertisements for declared goods. This regulation applies to advertisements published in newspapers, periodicals, or any printed or published material in Australia, as well as advertisements exhibited publicly on buildings, vehicles, or places, and those broadcast by wireless transmission (section 45a(3)). Additionally, it applies to documents sent or delivered gratuitously to any person or left on premises. Essentially, any advertisement for declared goods must include the particulars specified in any relevant order issued by the Commissioner.
Under this Act, parties or entities are obligated to ensure that any advertisement for declared goods adheres to the particulars specified in the Commissioner's order. Specifically, they must include the mandated particulars in their advertisements, regardless of the medium used. Failure to comply with these requirements can result in legal consequences, as outlined in the subsequent sections.
Breaches of this regulation may result in civil or criminal penalties. While the specific penalties are not detailed in the provided text, it is implied that non-compliance could lead to legal action. Typically, under such regulations, penalties might include fines or other sanctions, depending on the severity and intent of the breach. The precise penalties would be determined in accordance with the broader legal framework governing the enforcement of these regulations.