Statutory Rules
1978 No. 165
REGULATION UNDER THE PRICES JUSTIFICATION ACT 1973*
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Prices Justification Act 1973.
Dated this thirteenth day of September 1978.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
WAL. FIFE
Minister of State for Business and Consumer Affairs
AMENDMENT OF THE PRICES JUSTIFICATION REGULATIONS†
After regulation 10 of the Prices Justification Regulations the following regulation is inserted:
Supply of various hydrocarbons a prescribed supply for the purposes of subparagraph 3 (2) (a) (iii) of the Act
“ 11. (1) For the purposes of sub-paragraph 3 (2) (a) (iii) of the Act, the supply of—
(a) commercial liquefied natural gas;
(b) natural sales gas;
(c) natural gas condensate;
(d) ethane; or
(e) liquefied petroleum gas,
derived from a prescribed area, or produced from substances derived from a prescribed area, is a prescribed supply.
“ (2) For the purposes of sub-regulation (1) each of the following areas is a prescribed area:
(a) the area bounded by an imaginary line commencing at the intersection of the meridian 116° east longitude with the parallel 19° 30΄ south latitude; thence along that parallel
* Notified in the Commonwealth of Australia Gazette on 19 September 1978.
† Statutory Rules 1973 No. 131 as amended by Statutory Rules 1973 Nos. 225 and 264; 1974 No. 216; 1975 No. 74; and 1977 No. 43.
to its intersection with the meridian 116° 15΄ east longitude; thence along that meridian to its intersection with the parallel 19° 45΄ south latitude; thence along that parallel to its intersection with the meridian 116° east longitude; thence along that meridian to the point of commencement;
(b) the area bounded by an imaginary line commencing at the intersection of the meridian 116° 30΄ east longitude with the parallel 19° 20΄ south latitude; thence along that parallel to its intersection with the meridian 116° 45΄ east longitude; thence along that meridian to its intersection with the parallel 19° 35΄ south latitude; thence along that parallel to its intersection with the meridian 116° 30΄ east longitude; thence along that meridian to the point of commencement;
(c) the area bounded by an imaginary line commencing at the intersection of the meridian 115° 45΄ east longitude with the parallel 19° 35΄ south latitude; thence along that parallel to its intersection with the meridian 116° east longitude; thence along that meridian to its intersection with the parallel 19° 50΄ south latitude; thence along that parallel to its intersection with the meridian 115° 45΄ east longitude; thence along that meridian to the point of commencement.”.
Overview
Statutory Rules 1978 No. 165, the Prices Justification Regulation, was enacted in 1978 under the Prices Justification Act 1973, with the intent to regulate and justify certain price controls on specific goods to prevent excessive pricing and ensure fair trade practices. This legislative instrument was introduced by the Commonwealth Parliament to address the need for controlled pricing in certain hydrocarbon supplies to prevent market distortions and protect consumers from inflated prices. The policy objective of these regulations is to maintain price stability and prevent the exploitation of consumers by ensuring that prices for specified hydrocarbons are justified and do not exceed fair market values.
Scope and Application
The Prices Justification Regulations 1978, made under the Prices Justification Act 1973, specifically extend to the supply of various hydrocarbons, including commercial liquefied natural gas, natural sales gas, natural gas condensate, ethane, and liquefied petroleum gas, when derived from or produced from substances derived from prescribed areas. These prescribed areas are defined by geographic coordinates in the regulation, encompassing certain regions in Western Australia. The regulation applies to any entity or person involved in the supply of these hydrocarbons within the specified areas, thus impacting industries that operate in these regions. The scope of the regulation is national, as it is a Commonwealth regulation under Australian law. However, it is pertinent to note that this regulation does not explicitly state any exclusions or exemptions; thus, it applies to all supplies of the listed hydrocarbons within the prescribed areas. The regulation also allows for further specification and amendment through subordinate instruments, thereby providing flexibility to adapt to changing circumstances or requirements.
Key Provisions
The Prices Justification Regulations 1978, under the Prices Justification Act 1973, introduce a new regulation (regulation 11) that specifies certain hydrocarbons as prescribed supplies. These include commercial liquefied natural gas, natural sales gas, natural gas condensate, ethane, and liquefied petroleum gas derived from or produced from substances derived from specific areas (section 11(1)). The prescribed areas are defined by geographical coordinates in section 11(2), detailing the boundaries of three distinct regions in Australia. These regions are bounded by specific meridians and parallels, creating imaginary lines that outline the areas where these hydrocarbons must be sourced from in order to be considered a prescribed supply.
The Regulations impose obligations on entities involved in the supply of the specified hydrocarbons. These obligations include ensuring that the hydrocarbons supplied fall within the prescribed areas defined in regulation 11(2). Suppliers must maintain records and documentation that demonstrate compliance with these geographic requirements, thereby verifying that their supplies meet the criteria for being considered prescribed supplies under the Act.
Violations of the Regulations can lead to significant consequences. While the specific penalties for breach are not detailed in the excerpt, the Prices Justification Act 1973 generally provides for both civil and criminal penalties. These can include substantial fines and, in serious cases, imprisonment. The precise penalties would depend on the severity of the breach and the discretion of the court or relevant authority adjudicating the matter. It is essential for entities involved in the supply of these hydrocarbons to fully understand and comply with these regulations to avoid potential legal repercussions.