National Security (Prices) Regulations (Amendment)

Overview

The Statutory Rules 1940 No. 112, enacted under the National Security Act 1939, address the need to refine and clarify regulations concerning prices during times of national security concerns. The National Security Act 1939 itself was introduced to empower the government to take necessary actions in response to national emergencies, particularly during the Second World War. These regulations were created by the Governor-General in Council, reflecting the urgency and significance of the legislative amendments in maintaining national security and economic stability. The policy objective behind these regulations is to ensure that the enforcement of price controls remains effective and unimpeded, while also providing appropriate legal frameworks to address any potential breaches or offences under state laws.

Scope and Application

The Statutory Rules of 1940, No. 112, made under the National Security Act 1939, amend the National Security (Prices) Regulations to address specific aspects of enforcement and procedure. These regulations apply to all persons, entities, and transactions affected by the provisions of the National Security (Prices) Regulations, with a particular focus on the regulation of prices in the interest of national security. The scope of these regulations is national, extending across the Commonwealth of Australia. These regulations introduce modifications to the oath of secrecy for advisers and provide clarity on the communication of information to state attorneys-general, while also ensuring the procedural robustness in proving contraventions of prices by establishing the prosecutor's averment as prima facie evidence in relevant proceedings. These amendments do not introduce any exclusions or exemptions but rather refine the application and enforcement mechanisms within the existing framework. The regulations are subject to further specification and extension through subordinate instruments as necessary to adapt to evolving national security needs.

Key Provisions

The Statutory Rules 1940, No. 112, under the National Security Act 1939, amend several provisions of the National Security (Prices) Regulations. Firstly, Regulation 5 is amended by omitting the word "two" from sub-regulation (1), although the specific impact of this omission is not detailed in the text provided. Secondly, Regulation 7 is amended by adding sub-regulation (4), which allows the Commissioner to communicate certain information to the Attorney-General of a State if it appears that a person has committed or is suspected of committing an offence under state law. Thirdly, Regulation 20 is amended by replacing sub-regulation (3) with new sub-regulations (3) and (3a), establishing that the prosecutor's averment in proceedings for contravention or non-compliance with the Regulations or any orders made under them shall be prima facie evidence of the matter averred. This presumption applies even if there is evidence to support or rebut the averment or if the matter is a mixed question of law and fact. The obligations imposed by these Regulations are primarily on the Commissioner, who is granted certain discretionary powers to communicate information to state authorities. The Regulations also place the onus on prosecutors to provide sufficient averments in proceedings related to contraventions or non-compliance with the Regulations. Furthermore, the Regulations require the Commissioner to take an oath of secrecy as stipulated in Regulation 7(4), ensuring that any information deemed necessary for justice to be communicated to state authorities is managed with confidentiality. There are no explicit offences, penalties, or civil/criminal consequences outlined in the text for breaches of these Regulations. However, the importance of the Commissioner's role in ensuring the confidentiality and proper use of information suggests that any misuse or failure to adhere to the oath of secrecy could potentially lead to disciplinary actions or other consequences not explicitly stated in the provided text. The Regulations focus more on procedural aspects and the evidentiary standards in legal proceedings rather than on punitive measures for breaches.