War Precautions (Coal) Regulations (Amendment)

Overview

The Statutory Rules 1916 No. 312, made under the War Precautions Act 1914–1916, address the challenges posed by the First World War in terms of resource allocation and management within Australia. Enacted by the Governor-General in Council, these regulations aim to ensure the efficient and equitable distribution of essential resources, specifically coal and coke, during wartime. The regulations mandate that industries in possession of surplus coal or coke must supply permitted industries at a rate determined by cost plus an additional 10%, with disputes resolved by the Minister or a Coal Board. Additionally, the regulations prohibit the use of gas or electricity for advertising purposes, emphasising the redirection of resources to support the war effort. This legislative instrument underscores the policy objective of maintaining operational continuity and support for industries critical to the war effort while controlling resource use.

Scope and Application

The Regulations under the War Precautions Act 1914–1916 apply to all persons, firms, and companies, particularly those in possession of coal or coke supplies in excess of five tons. The provisions specifically target those who are prohibited from using coal or coke for industrial purposes, enabling the Minister or a Coal Board to require them to permit other permitted industries to take delivery of coal or coke at specified rates. The regulations extend nationally across the Commonwealth of Australia and are effective immediately upon their enactment. Notably, any person, firm, or company that fails to comply with these requirements may face legal repercussions. Additionally, the regulations prohibit the use of gas or electricity for advertising devices or signs, subject to ministerial or Coal Board consent, further extending to any entity engaging in such activities. The scope of these regulations is significant in that they directly impact industries reliant on coal or coke, as well as those using gas or electricity for advertising, by imposing stringent controls and penalties for non-compliance.

Key Provisions

The Regulations under the War Precautions Act 1914–1916 primarily address the management and allocation of coal resources during wartime. Section 1 introduces a new regulation (6a) which mandates that businesses possessing more than five tons of coal or coke, who are restricted from using it for industrial purposes, must allow other approved businesses to purchase their excess supply. This transfer must occur at a price determined by the Minister or a Coal Board, calculated at the supplier's cost plus an additional 10%. If the parties cannot agree on the payment amount, the Minister or a Coal Board will decide the price. Non-compliance with this regulation constitutes an offence. Further, Section 2 introduces a new regulation (7a) prohibiting the use of gas or electricity for advertising signs or devices without the Minister’s or a Coal Board's consent. This restriction becomes effective three days after the commencement of these regulations. The Act imposes specific obligations on entities covered by these regulations. Those possessing excess coal or coke must comply with the requisition notices to supply approved entities at the specified rates. They are also prohibited from initiating legal action regarding the coal or coke supplied without written consent from the Minister or a Coal Board. Additionally, businesses are restricted from using gas or electricity for advertising purposes without explicit permission. Breaches of these regulations attract legal consequences. Section 1(4) states that any entity failing to comply with the requirement to permit the transfer of coal or coke is guilty of an offence. Under Section 1(5), any legal action regarding the supplied coal or coke is void without the Minister's or a Coal Board's written consent. Section 2(7a) imposes penalties for using gas or electricity for advertising without permission. However, the specific penalties for these breaches are not detailed within the provided text.