National Security (Prices) Regulations (Amendment)

Legislation au C1939L00166 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1939. No. 166.

 

REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939.*

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 National Security Act 1939.

Dated this sixth day of December, 1939.

(SGD.) GOWRIE.

Governor-General.

By His Excellency’s Command,

for Minister of State for Defence Co-ordination.

 

Amendment of the National Security (Prices) Regulations.†

Definition.

1. Regulation 2 of the National Security (Prices) Regulations is amended by inserting, after the definition of “the Commissioner”, the following definition:—

“‘the Gazette’ includes, in relation to any Territory not being part of the Commonwealth, the Gazette of that Territory”.

Power to declare goods.

2. Sub-regulation (1a.) of regulation 17 of the National Security (Prices) Regulations, inserted by Statutory Rules 1939, No. 127, is re-numbered “(1b.)”.

Determination of maximum prices.

3. Regulation 18 of the National Security (Prices) Regulations is amended by omitting the words “the Commonwealth” (wherever occurring) and inserting in their stead the word “Australia”.

Repeal of regulation 21.

4. Regulation 21 of the National Security (Prices) Regulations is repealed.

Meaning of “wholesale” and “retail”.

5. Regulation 23 of the National Security (Prices) Regulations is amended by omitting the words “the Commonwealth” and inserting in their stead the word “Australia”.

Refusal, &c., to sell at fixed prices.

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

(a) by inserting in sub-regulation (1.), after the word “goods” (first occurring), the words “for sale”; and

(b) by omitting from paragraph (a) of sub-regulation (2.) the words “the Commonwealth” and inserting in their stead the word “Australia”.

* Notified in the Commonwealth Gazette on , 1939.

† Statutory Rules 1939, No. 110, as amended by Statutory Rules 1939, Nos. 114, 119, 127 and 152.

6970.—8/5.12.1939.—Price 3d.


7. After regulation 27 of the National Security (Prices) Regulations, the following regulation is inserted:—

Sales by auction.

“27a.—(1.) The Commissioner or any Deputy Commissioner may, by notice in writing to any person selling or offering for sale by auction any declared goods, prohibit such sale.

(2.) Any person who sells or offers to sell by auction any declared goods in contravention of the last preceding sub-regulation shall be guilty of an offence.”.

Power to requisition goods.

8. Regulation 32 of the National Security (Prices) Regulations is amended by inserting in sub-regulation (1.), after the word “Commonwealth”, the words “and the Territories of the Commonwealth”.

Lists of fixed prices to be exhibited in shops.

9. Regulation 33 of the National Security (Prices) Regulations is amended—

(a) by omitting from sub-regulation (1.) the words “each such declared goods as are required by this regulation” and inserting in their stead the words “any such declared goods as are specified by the Commissioner”; and

(b) by omitting from paragraph (b) of sub-regulation (4.) the words “it was purchased” and inserting in their stead the words “the goods were purchased”.

Delegation by Commissioner.

10. Regulation 34 of the National Security (Prices) Regulations is amended by inserting, after the word “Regulations”, the words “or under any Order made thereunder”.

11. After regulation 38 of the National Security (Prices) Regulations, the following regulation is inserted:—

“Power of Commissioner to require securities.

39.—(1.) The Commissioner shall have the right to require and take securities for compliance with these Regulations or with any Order made thereunder or with any condition specified by the Commissioner under any such Order.

(2.) Any such security shall be in accordance with Form D in the Schedule to these Regulations and shall be by bond or guarantee or cash deposit or all or any of such methods so that in each case the security shall be approved by the Commissioner.

(3.) When security is required for any particular purpose the security may, by the authority of the Commissioner, be accepted to cover all transactions for such time and for such amount as the Commissioner determines.

(4.) If the Commissioner is not at any time satisfied with the sufficiency of any security, the Commissioner may require a fresh security and a fresh security shall be given accordingly.

(5.) A security in accordance with Form D shall without sealing bind its subscribers as if sealed, and jointly and severally, and for the full amount.

(6.) Whenever a security is put in suit by the Commissioner, the production thereof without further proof shall entitle him to judgment for their stated liability against the persons appearing to have executed the security unless the defendants prove compliance with the conditions thereof or that the security was not executed by them or release or satisfaction.


(7.) If it appears to the Court that a non-compliance with the conditions of the security has occurred, the security shall not be deemed to have been invalidated or discharged and the subscribers shall not be deemed to have been released or discharged from liability by reason of—

(a) an extension of time or other concession;

(b) the Commissioner having consented to, or acquiesced in, a previous non-compliance with the conditions; or

(c) the Commissioner having failed to bring suit against the subscribers upon the occurrence of any previous non-compliance.”.

The Schedule.

12. After Form C in the Schedule to the National Security (Prices) Regulations, the following Form is added:—

“COMMONWEALTH OF AUSTRALIA.

Form D.

 

National Security Act 1939.

National Security (Prices) Regulations.

SECURITY TO THE COMMONWEALTH OF AUSTRALIA.

By this Security, the subscribers are, pursuant to the National Security (Prices) Regulations, bound to the Commonwealth of Australia in the sum of—[here insert amount or mode of ascertaining amount intended to be paid in default of compliance with the condition]—subject only to this condition that if—[here insert the condition of the security]—then this security shall be thereby discharged.*

Dated the day of 19 .

Names and Descriptions of Subscribers.

Signatures of Subscribers.

Signatures of Witnesses.

 

 

 

* Note.—If liability is not intended to be joint and several and for the full amount, here state what is intended as, for example, thus—“The liability of the subscribers is joint only,” or “the liability of (mentioning subscriber) is limited to (here state amount of liability or mode of ascertaining limit)”.

 

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

Overview

The Statutory Rules 1939, No. 166, under the National Security Act 1939, were enacted to address the urgent need for price control and regulation of goods in Australia during a period of national security crisis. These regulations were made by the Governor-General, acting on the advice of the Federal Executive Council, and came into effect on 6 December 1939. The primary objective of these regulations was to amend the National Security (Prices) Regulations to enhance the enforcement mechanisms and scope of the price control framework, thereby ensuring that essential goods were priced appropriately and made available to the public during a time of national emergency. This legislative instrument aimed to provide greater regulatory powers to the Commissioner, including the ability to prohibit sales by auction of declared goods, require securities for compliance with the regulations, and amend definitions to better encompass the broader Australian context, including the territories.

Scope and Application

The Regulations under the National Security Act 1939 apply to individuals and entities involved in the sale or auction of declared goods within Australia, which includes the Commonwealth and its territories. These regulations are designed to control prices and transactions of certain goods to ensure national security. They extend to regulating the sale of declared goods by prohibiting sales that are not at fixed prices or through authorised means, and empower the Commissioner to requisition goods as necessary. The Commissioner is also granted authority to require securities for compliance with these regulations, providing a mechanism to enforce adherence to the stipulated price controls and sale restrictions. The regulations do not specify exclusions or exemptions, implying a broad application unless otherwise specified through subordinate instruments or further regulations.

Key Provisions

The primary operative sections of these Regulations pertain to the amendment and addition of provisions under the National Security (Prices) Regulations, a legislative instrument stemming from the National Security Act 1939 (sections 1 to 11). The Regulations specifically amend definitions and provisions concerning the declaration of goods, the determination of maximum prices, the prohibition of sales by auction, and the power to requisition goods. For instance, Regulation 2 amends the definition of "the Gazette" to include the Gazette of any Territory not part of the Commonwealth, while Regulation 3 modifies the term "the Commonwealth" to "Australia" in the context of determining maximum prices and the meaning of "wholesale" and "retail". Regulation 6 introduces a new provision allowing the Commissioner or any Deputy Commissioner to prohibit the sale of declared goods by auction. Regulation 8 extends the power to requisition goods to include the Territories of the Commonwealth. These Regulations impose specific obligations on various parties governed by them. For instance, Regulation 27(a) mandates that the Commissioner or any Deputy Commissioner can, by written notice, prohibit the auction sale of any declared goods. This requires sellers to comply with the notice and refrain from selling such goods by auction. Regulation 33(a) requires retailers to exhibit lists of fixed prices for any specified declared goods as instructed by the Commissioner. These obligations are intended to ensure compliance with the regulations designed to manage the prices of essential goods during times of national security concerns. Violations of these Regulations can result in significant legal consequences. For example, Regulation 27(2) states that any person who sells or offers to sell by auction any declared goods in contravention of the prohibition notice shall be guilty of an offence. Although the specific penalties are not detailed within the Regulations themselves, offences under the National Security (Prices) Regulations generally carry substantial fines and potential imprisonment, as outlined in the main Act and associated legislative instruments. The Regulations also provide mechanisms for the Commissioner to require securities for compliance, with penalties for failure to provide adequate security or for non-compliance with the terms of such security, as detailed in Regulation 39.

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