STATUTORY RULES.
1920. No. 216.
REGULATIONS UNDER THE WAR PRECAUTIONS ACT 1914-1918.
I, 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 ninth day of November, 1920.
FORSTER,
Governor-General.
By His Excellency’s Command,
W. M. HUGHES,
for Minister of State for Defence.
Amendment of the War Precautions (Coal) Regulations as Amended to this Date.
After regulation 10i of the War Precautions (Coal) Regulations the following regulations are inserted:—
“10j.—(1) Where a Special Tribunal, appointed in pursuance of the Industrial Peace Act 1920, made any award or order as to the wages of persons employed in, or in connexion with, the production of coal or coke, the Special Tribunal may make an order varying, to the extent specified in the order, any contract or agreement existing at the date of the award or order, for the supply of coke, or gas.
(2) Where a Special Tribunal has in pursuance of this regulation made an order varying any contract or agreement for the supply of gas by increasing the selling price specified in the contract or agreement, any increase in the price of gas charged in pursuance of the order shall not be taken to be an increase or alteration of price within, the meaning of any State Act which provides for the fixing of the price of gas or provides for a sliding scale in the relation of the dividend payable by the company producing the gas to the price charged by it.”
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
Overview
The Statutory Rules 1920, No. 216, Regulations under the War Precautions Act 1914-1918, were enacted to amend the War Precautions (Coal) Regulations as Amended to this Date. This legislative instrument was created to address the issue of coal and coke production during wartime, specifically to allow Special Tribunals appointed under the Industrial Peace Act 1920 to make orders varying contracts or agreements for the supply of coke or gas. The War Precautions Act 1914-1918 aimed to ensure adequate supplies of essential commodities during wartime, and these regulations sought to provide flexibility in adjusting the prices of coal and gas in response to awards made by the Special Tribunals. The regulations were made by the Governor-General in accordance with the advice of the Federal Executive Council, and the policy objective was to facilitate the adjustment of gas and coke prices in a manner that did not contravene state-level legislation concerning the pricing of these commodities.
Scope and Application
The War Precautions (Coal) Regulations as amended by Statutory Rules 1920 No. 216, apply to persons or entities involved in the production of coal or coke, including workers, employers, and suppliers of coke or gas. The regulation concerns the adjustment of contracts or agreements for the supply of coke or gas in alignment with wage awards or orders made by a Special Tribunal under the Industrial Peace Act 1920. This regulation is geographically applicable throughout the Commonwealth of Australia, as it is made under the War Precautions Act 1914-1918, which is a federal act. The regulation further extends its effect to ensure that any price increase in gas resulting from the tribunal's order does not contravene state laws governing the pricing of gas or the sliding scale for dividends. The application of these regulations is thus comprehensive across the national scope, ensuring consistency and compliance with federal and state laws.
Key Provisions
The main operative sections of these regulations, introduced under the War Precautions Act 1914-1918, primarily focus on modifying the War Precautions (Coal) Regulations as amended to date. Specifically, regulation 10j is inserted after regulation 10i, establishing a new provision concerning the alteration of contracts or agreements related to the supply of coke or gas (10j(1)). This regulation allows a Special Tribunal, appointed under the Industrial Peace Act 1920, to adjust contracts or agreements for the supply of coke or gas to the extent specified in any award or order regarding coal or coke wages. It also clarifies that any increase in the price of gas pursuant to such an order does not constitute an increase or alteration of price under any State Act that fixes gas prices or relates to the dividend payable by a gas-producing company (10j(2)).
The obligations and requirements imposed by these regulations primarily rest on Special Tribunals appointed under the Industrial Peace Act 1920. These Tribunals are authorised to vary existing contracts or agreements for the supply of coke or gas, following an award or order concerning the wages of coal or coke workers. This power extends to adjusting the selling price of gas as specified in these contracts or agreements, provided the adjustments are in line with the Tribunal's determinations. Moreover, the regulation mandates that any price increases pursuant to these adjustments must not be construed as altering the price of gas under any State Act that deals with gas pricing or the dividend payable by gas companies.
In terms of consequences for breaches of these regulations, the statutory instrument does not explicitly state offences, penalties, or civil/criminal consequences. However, it is implied that non-compliance with the orders or adjustments made by the Special Tribunal could result in legal repercussions under the broader legislative framework governing industrial peace and war precautions. The severity of any penalties would likely depend on the specific context and the relevant State laws pertaining to gas pricing and company dividends. The exact penalties would need to be determined in accordance with the applicable State legislation and the circumstances of any breach.