STATUTORY RULES.
1945. No. 52.
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 eighteenth day of April, 1945.
HENRY
Governor General.
By His Royal Highness’s Command,
R. V. KEANE
for and on behalf of the Minister of State for Defence.
Amendment of the National Security (Prices) Regulations.†
Books, accounts, &c., to be kept and preserved.
Regulation 49 of the National Security (Prices) Regulations is amended by omitting the words “Every person engaged in the production, manufacture, sale or supply of any goods and every person supplying or carrying on a service” and inserting in their stead the words “Every person who in the course of, or for the purposes of, or in connexion with, or as incidental to, any business carried on by him—
(a) produces, manufactures, sells or supplies any goods whatsoever; or
(b) supplies or carries on any service whatsoever,”.
* Notified in the Commonwealth Gazette on 19th April, 1945.
† 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; 1944, Nos. 25, 83, 94, 113, 152 and 192 ; and 1945, Nos. 7 and 24.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
1069.—Price 3d.
Overview
The Statutory Rules 1945, No. 52, represent a regulation made under the National Security Act 1939-1943 by the Governor-General in Council. Enacted on April 18, 1945, this regulation aimed to amend the National Security (Prices) Regulations, reflecting the ongoing need for stringent controls on prices during wartime. The regulation was issued to ensure that comprehensive records of business activities related to the production, manufacture, sale, supply, or provision of goods and services were maintained, thereby facilitating effective oversight and enforcement of price regulations. This legislative instrument was created to address the pressing economic challenges posed by the Second World War, ensuring that national security measures were robust and well-monitored.
Scope and Application
This Statutory Rule made under the National Security Act 1939-1943 amends the National Security (Prices) Regulations to revise the scope of who must keep and preserve books, accounts, and other documents related to the production, manufacture, sale, or supply of goods and services. The amendment expands the definition of the persons who must maintain such records to include anyone who, in the course of, or for the purposes of, or in connection with, or as incidental to any business they conduct, produce, manufacture, sell, or supply any goods, or supply or carry on any service. This adjustment broadens the net to encompass a wider range of business activities and individuals, ensuring more comprehensive oversight and compliance with record-keeping requirements during the period of national security measures. The regulation applies to the Commonwealth of Australia and is an instrument of federal law, extending its reach to all entities and individuals within the Australian jurisdiction who are engaged in the specified activities.
Key Provisions
The primary operative section of this Statutory Rule, Regulation 49, amends the existing National Security (Prices) Regulations. Specifically, it modifies the scope of businesses and activities that must maintain books, accounts, and other relevant documentation. This amendment replaces the previous requirement, which applied to "every person engaged in the production, manufacture, sale or supply of any goods and every person supplying or carrying on a service," with a broader definition that encompasses any person who, in the course of, for the purposes of, in connection with, or as incidental to their business, either produces, manufactures, sells or supplies any goods, or supplies or carries on any service (Reg. 49). This amendment seeks to ensure that all businesses, regardless of the indirect nature of their activities related to goods or services, are subject to the record-keeping requirements.
The Act imposes a clear obligation on all businesses that fall within the newly defined scope. They must now keep and preserve books, accounts, and other relevant documents related to their business activities. This requirement ensures that there is a comprehensive and detailed record of all transactions and activities undertaken by the business. Such records are essential for compliance purposes, transparency, and accountability, particularly in a context where national security and economic regulation are paramount.
Failure to comply with these record-keeping requirements can result in significant consequences. While the specific penalties are not detailed within this particular Statutory Rule, under the National Security Act 1939-1943, breaches of regulations can lead to criminal charges and penalties. In general, the Act allows for penalties that can include fines and imprisonment, depending on the severity of the breach and the discretion of the court. These penalties underscore the importance of adhering to the regulatory requirements and highlight the potential legal ramifications of non-compliance.