National Security (Supplementary) Regulations (Amendment)

Overview

The Statutory Rules 1942 No. 411, made under the National Security Act 1939-1940, was introduced to address the need for price regulation in the context of entertainments during wartime. Enacted by the Governor-General in Council, this regulation aimed to maintain a minimum charge for admission to various forms of entertainment, ensuring that proprietors could not reduce prices below a set threshold without written consent from the Commonwealth Prices Commissioner. The underlying policy objective was to stabilise prices and prevent excessive reductions that might occur due to wartime economic pressures, thereby contributing to the broader national security efforts by maintaining economic stability and fairness in the entertainment sector.

Scope and Application

The Statutory Rules 1942, No. 411, made under the National Security Act 1939-1940, specifically amend the National Security (Supplementary) Regulations to regulate the minimum charge for admission to entertainments. This legislation applies to proprietors of entertainments, defined as any person responsible for the management of exhibitions, performances, lectures, amusements, games, sports, or exercises. The regulation is designed to control pricing of admissions to such events, ensuring that the price does not fall below a specified threshold without prior written consent from the Commonwealth Prices Commissioner. The scope of the regulation is national, impacting the entertainment industry across the Commonwealth of Australia. While the regulation itself does not provide explicit exclusions or exemptions, its application is subject to the broader provisions of the National Security Act 1939-1940 and subsequent amendments through subordinate instruments, which may introduce additional specific exclusions or conditions.

Key Provisions

The Statutory Rules 1942, No. 411, made under the National Security Act 1939-1940, introduces a new regulation (regulation 73) to the National Security (Supplementary) Regulations, governing the pricing of admissions to entertainments. Specifically, section 73(1) of this regulation states that, in circumstances where the admission fee to an entertainment was set at One shilling on the fourth day of September 1942, or on the last day before the proprietor held an entertainment if no entertainment occurred on that date, the proprietor is prohibited from admitting anyone to an entertainment of the same type, or allowing them to participate, for a fee less than One shilling without the written consent of the Commonwealth Prices Commissioner. The definition of 'entertainment' in section 73(2) is broad, encompassing any exhibition, performance, lecture, amusement, game, sport, or exercise, and 'proprietor' is defined as anyone responsible for the management of the entertainment. This regulation imposes specific obligations on proprietors of entertainments. They must ensure that they do not lower the admission fee below One shilling without obtaining the necessary written consent from the Commonwealth Prices Commissioner. The regulation applies to a wide range of events, and compliance is crucial to avoid any legal repercussions. It is also important for proprietors to keep accurate records of their admission fees and any communications with the Commonwealth Prices Commissioner regarding fee adjustments. Violation of this regulation can lead to legal consequences. The legislation does not explicitly outline offences, penalties, or civil/criminal consequences in the regulation itself; however, under the National Security Act 1939-1940, non-compliance with regulations made under the Act can result in substantial penalties. These may include fines and imprisonment, as stipulated in the overarching Act. The exact penalties would depend on the specific breach and the discretion of the court or relevant authority. It is therefore imperative for proprietors to adhere to the regulatory requirements to avoid any adverse legal outcomes.