STATUTORY RULES.
1920. No. 174.
REGULATIONS UNDER THE WAR PRECAUTIONS ACT 1914-1918.
I, SIR WILLIAM HILL IRVINE, Deputy of the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the War Precautions Act 1914-1918, to come into operation forthwith.
Dated this twenty-eighth day of September, 1920.
W. H. IRVINE,
Deputy of the Governor-General.
By His Excellency’s Command,
LITTLETON E. GROOM,
for Minister of State for Defence.
Amendment of War Precautions (Coal) Regulations.
(Statutory Rules 1917, No. 195, as amended by Statutory Rules 1917, Nos. 240 and 252, and by Statutory Rules 1919, Nos. 103, 119, 141, 147, 182, 183, and 224.)
1. After regulation 10h of the War Precautions (Coal) Regulations the following regulation is inserted:—
Selling price of coal sold for shipment beyond the Commonwealth.
“10i. Notwithstanding anything contained in any of the preceding Regulations or in any order made in pursuance thereof, there may be added to the selling price of all coal sold for shipment beyond the Commonwealth and so shipped such sum as is specified in any order made by the Chairman of the Coal Industry Special Tribunal appointed under the Industrial Peace Act 1920, and any contract in pursuance of which the coal is so shipped is by force of this regulation varied accordingly.”
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
Overview
The War Precautions (Coal) Regulations 1920 were introduced under the War Precautions Act 1914-1918, which was enacted to address the need for stringent measures during times of war or national emergency. This legislative instrument was made by the Deputy of the Governor-General in and over the Commonwealth of Australia, with the advice of the Federal Executive Council, to come into operation immediately. The regulation seeks to amend existing provisions to enable the addition of a specified sum to the selling price of coal sold for shipment beyond the Commonwealth. This adjustment is intended to be determined by the Chairman of the Coal Industry Special Tribunal appointed under the Industrial Peace Act 1920. The overarching policy objective appears to be to provide flexibility in pricing for coal exports while ensuring a structured approach through the Tribunal's orders.
Scope and Application
The Regulation made under the War Precautions Act 1914-1918 applies specifically to the sale of coal for shipment beyond the Commonwealth of Australia. This regulation is an amendment to the War Precautions (Coal) Regulations and affects all contracts pertaining to the sale of coal for export purposes. The regulation empowers the Chairman of the Coal Industry Special Tribunal, appointed under the Industrial Peace Act 1920, to determine an additional sum that can be added to the selling price of coal intended for shipment outside Australia. This added sum is specified in an order made by the Chairman and any existing contracts are consequently varied in line with this regulation. The geographic scope of the regulation is limited to coal transactions intended for shipment beyond the Commonwealth's borders, thereby extending its application to all parties involved in such transactions. The regulation does not specify exclusions, exemptions, or thresholds within the text, but the application and enforcement may be extended or restricted through subordinate instruments as necessary.
Key Provisions
The War Precautions (Coal) Regulations, as amended, introduce a new regulation (section 10i) which allows for an additional sum to be added to the selling price of all coal sold for shipment beyond the Commonwealth. This additional sum is specified in any order made by the Chairman of the Coal Industry Special Tribunal, established under the Industrial Peace Act 1920. Any contracts made in accordance with these regulations are automatically varied to reflect this new stipulation.
Under these regulations, parties or entities involved in the sale of coal for shipment beyond the Commonwealth must comply with the orders made by the Chairman of the Coal Industry Special Tribunal. These orders dictate the additional sum to be added to the selling price of coal. Contracts that are in place for the sale of coal must be amended to incorporate these new terms as specified by the Chairman.
The legislation does not explicitly outline offences or penalties for non-compliance with these provisions. However, the regulations are made under the authority of the War Precautions Act 1914-1918, which could imply that any failure to comply with these regulations could be considered a breach of wartime emergency powers. Depending on the severity and intent of the breach, consequences could range from civil penalties to criminal charges, although specific penalties are not detailed in the provided text.