Statutory Rules
1977 No. 43
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 seventh day of April, 1977.
JOHN R. KERR
Governor-General.
By His Excellency’s Command,
JOHN HOWARD
Minister of State for Business and Consumer Affairs.
Amendment of the Prices Justification Regulations†
Repeal of regulations 5a and 5b.
Regulations 5a and 5b of the Prices Justification Regulations are repealed.
* Notified in the Australian Government Gazette on 15 April 1977.
† Statutory Rules 1973, No. 131 as amended by Statutory Rules 1973, Nos. 225 and 264; 1974, No. 216; and 1975, No. 74.
Overview
Statutory Rules 1977 No. 43, made under the Prices Justification Act 1973, was enacted to amend the existing Prices Justification Regulations. The primary purpose of these regulations is to adjust and refine the legislative framework governing the justification of prices in Australia, ensuring that such regulations remain current and effective in addressing economic and consumer protection concerns. This legislative instrument was introduced by the Commonwealth Parliament to respond to the evolving economic landscape and to better protect consumers from unjustified price increases. The regulations were repealed to streamline the legislative process and to align with the policy objectives of the Prices Justification Act 1973, which aim to prevent excessive prices without compromising the principles of free market economics.
Scope and Application
The Prices Justification Regulations 1977, made under the Prices Justification Act 1973, pertain to entities and individuals engaged in pricing activities within the Commonwealth of Australia. The primary focus of these regulations is to ensure that prices for goods and services are justified and not excessive or deceptive. They apply to various industries and sectors where pricing practices may need oversight and regulation to protect consumers and maintain fair market competition. The regulations establish criteria and procedures for justifying prices, thus influencing the pricing conduct and transactions of businesses and entities operating within the Australian market. The geographic reach of these regulations is confined to the national jurisdiction, encompassing all states and territories within the Commonwealth of Australia. There are no specific exclusions, exemptions, or thresholds outlined in the regulations themselves, although application and enforcement may vary based on subordinate instruments and specific legislative contexts. The Prices Justification Act 1973 provides the framework within which these regulations operate, and any amendments or extensions to their application are made through further subordinate legislation.
Key Provisions
The Prices Justification Regulations 1977 (C1977L00043) primarily focus on amending existing regulations under the Prices Justification Act 1973. The most notable changes introduced by this regulation are the repeal of regulations 5a and 5b, which previously dealt with specific aspects of price justifications. Regulation 5a, which required notification and justification for price increases in certain circumstances, and regulation 5b, which outlined the specific procedures for making such notifications, have been repealed. This indicates a simplification or amendment in the requirements for price justifications under the Act.
Under the repealed regulations, parties or entities would have had obligations to notify the relevant authorities of price changes and provide justifications for those changes. These notifications were intended to ensure transparency and accountability in pricing practices, particularly in industries where price changes could have a significant impact on consumers or the economy. With the repeal of these regulations, the obligations previously imposed on entities to notify and justify price increases are no longer applicable. This change likely reflects a shift in policy or a response to changes in the economic environment or market conditions.
The consequences for breaching the repealed regulations could have included penalties under the Prices Justification Act 1973. The Act provided for both civil and criminal penalties for non-compliance. For civil penalties, there could have been fines up to a specified amount, which varied depending on the nature and severity of the breach. Criminal penalties, on the other hand, included potential imprisonment terms, which also varied based on the seriousness of the offence. For instance, individuals found guilty of certain breaches could have faced fines of up to $5,000 and/or imprisonment for up to six months, while corporations could have faced higher fines, sometimes running into thousands of dollars. These penalties were intended to deter non-compliance and enforce adherence to the requirements of the Act.