STATUTORY RULES.
1943. No. 25.
REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939–1940.*
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 1939–1940.
Dated this twenty-ninth day of January, 1943.
(SGD.) GOWRIE.
Governor-General.
By His Excellency’s Command,
for and on behalf of the Minister of
State for Defence.
Amendments of the National Security (Tea Control) Regulations. †
Powers of Board.
1. Regulation 9 of the National Security (Tea Control) Regulations is amended by omitting sub-regulation (3.).
2. After regulation 9 of the National Security (Tea Control) Regulations the following regulation is inserted:—
Power of Board to fix minimum price of tea.
“9aa.—(1.) Nothing in the last preceding regulation shall empower the Board to fix the maximum price of tea but, subject to the concurrence of the Commonwealth Prices Commissioner and with the approval of the Minister, the Board may, by order, fix the minimum price at which any tea may be sold.
“(2.) A person shall not sell or offer for sale any tea at a lesser price than the minimum price fixed, in relation thereto, under this regulation for the sale of that tea.
“(3.) For the purposes of this regulation, any person on whose behalf or at whose place of business any tea is sold or offered for sale at a lesser price than the minimum price fixed, in relation thereto, under this regulation, for the sale of that tea, whether the tea is sold or offered for sale contrary to the instructions of the person or not, shall be deemed to have contravened the provisions of this regulation.
* Notified in the Commonwealth Gazette on , 1943.
† Statutory Rules 1942, No. 139, as amended by Statutory Rules 1942, Nos. 229, 270 and 527.
“(4.) For the purposes of this regulation, a person shall be deemed to offer tea for sale if he notifies the price proposed by him for a sale of the tea by the publication of a price list, by exposing the goods for sale in association with a mark indicating price, by furnishing a quotation or otherwise howsoever.”.
3. After regulation 14 of the National Security (Tea Control) Regulations the following regulation is inserted:—
Averments of prosecutor.
“15.—(1.) In any proceedings for a contravention of or failure to comply with any provision of these Regulations or with any order made in pursuance of any of these Regulations the averment of the prosecutor contained in the information or complaint shall be prima facie evidence of the matter or matters averred.
“(2.) The last preceding sub-regulation shall apply to any matter so averred although—
(a) evidence in support or rebuttal of the matter averred or of any other matter is given by witnesses; or
(b) the matter averred is a mixed question of law and fact, but in that case the averment shall be prima facie evidence of the fact only.”.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
Overview
Statutory Rules 1943, No. 25, made under the National Security Act 1939–1940, is an instrument that seeks to address the need for greater control over the price of tea during wartime conditions. Enacted by the Governor-General in Council, this legislation provides amendments to the National Security (Tea Control) Regulations, specifically focusing on the regulation of tea prices by the Board. The policy objective behind these amendments is to ensure that tea is not sold below a certain price, thereby protecting the interests of consumers and preventing the exploitation of wartime shortages. The regulations empower the Board to fix a minimum price for tea, with the concurrence of the Commonwealth Prices Commissioner and approval of the Minister, and establish that any sale or offer for sale of tea below the set minimum price constitutes a contravention of these regulations.
Scope and Application
The Statutory Rules of 1943 No. 25 under the National Security Act 1939–1940 pertain to the regulation of tea sales in Australia during the period of World War II. These regulations apply to all persons and entities engaged in the sale of tea within the Commonwealth of Australia. The National Security (Tea Control) Regulations empower the Board to establish a minimum price for tea sales, requiring any person or entity involved in the sale or offer for sale of tea to adhere to this minimum price. The regulations stipulate that failure to comply with the fixed minimum price results in a contravention of the Act, with the prosecutor's averment being prima facie evidence in any legal proceedings. The scope of these regulations extends to all tea sold within Australia, and they can be amended or further defined through subordinate instruments under the authority of the National Security Act.
Key Provisions
The Regulations under the National Security Act 1939–1940, specifically the National Security (Tea Control) Regulations, establish several key provisions regarding the control of tea prices during the war period. Regulation 9(aa) grants the Board the authority to set a minimum price for the sale of tea, subject to the concurrence of the Commonwealth Prices Commissioner and the approval of the Minister (National Security (Tea Control) Regulations, Regulation 9aa(1)). It is prohibited for any person to sell or offer tea for sale at a price below the minimum price established by the Board (Regulation 9aa(2)). Notably, Regulation 9aa(3) stipulates that anyone selling or offering tea below the set minimum price, regardless of whether they acted against the instructions of the person on whose behalf they are acting, will be considered to have contravened this regulation.
The Regulations also impose specific obligations on parties and entities they govern. Persons involved in the sale of tea must ensure that they comply with the minimum price set by the Board, as failure to do so can result in legal repercussions (Regulation 9aa(2)). Furthermore, Regulation 15(1) mandates that in any legal proceedings for a contravention of these Regulations, the prosecutor’s averment in the information or complaint shall be considered prima facie evidence of the alleged contravention, unless the matter is a mixed question of law and fact (Regulation 15(2)).
Failure to adhere to these Regulations can lead to serious consequences. Under Regulation 9aa(3), any person found selling or offering tea below the minimum price fixed by the Board is deemed to have contravened the regulation. The Act does not explicitly state the penalties for such contraventions, but given the legislative context and the serious nature of the offence, it can be inferred that severe penalties could be imposed. Additionally, Regulation 15(1) reinforces the seriousness of non-compliance by establishing that the prosecutor's averments in legal proceedings are prima facie evidence, making it easier for authorities to pursue legal action against offenders.