STATUTORY RULES.
1919. No. 119.
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 Regulations under the War Precautions Act 1914–1918, to come into operation forthwith.
Dated this sixteenth day of May, 1919.
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
E. J. RUSSELL,
Acting 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, No. 103.)
After regulation 10a of the War Precautions (Coal) Regulations the following regulations are inserted:—
Price of coal sold by purchasers from Commonwealth.
“10b.—(1) The Prime Minister may by order fix the price at which any person who has purchased from the Commonwealth coal acquired by the Commonwealth in pursuance of the last preceding regulation may sell the coal, and any such person who sells any such coal at a higher price than the price fixed by the Prime Minister, which is applicable to any such sale, shall be guilty of an offence.
“(2) The price fixed by the Prime Minister in pursuance of this regulation may vary in different parts of the Commonwealth, and as regards different qualities of coal.
“(3) The price fixed by the Prime Minister in pursuance of this regulation shall have effect notwithstanding the terms of any contract relating to the sale of coal by a person who has purchased the coal from the Commonwealth, and any such contract shall by force of this regulation be deemed to be varied in respect of all coal delivered under the contract on or after the fifth day of May, 1919, and during the continuance of this regulation.
“(4) The Prime Minister may, in any order issued in pursuance of this regulation, except certain coal from the application of the order and thereupon the provisions of sub-regulation (3) of this regulation shall not apply in relation to the sale of that coal under any contract to which that sub-regulation applies.
Price of gas and coke.
“10c—(1) Where the price fixed by the Prime Minister, in pursuance of regulation 10a of these Regulations, as the selling price of coal acquired by the Commonwealth, is in excess of the price theretofore prevailing, the Prime Minister may by order declare—
(a) that any increase in the price of gas, which does not exceed the amount specified in the order, charged by any company producing gas from coal in respect of which such increased price is payable, shall not be taken to be an increase in the price of gas within the meaning of any State Act which provides for a sliding scale in the relation of the dividend payable by the company producing the gas to the price charged by it; and
(b) that any company which produces smelting coke or gas from coal in respect of which such increased price is payable may, in any then existing contracts for the sale of smelting coke or gas, increase the price contracted for by an amount not exceeding the amount specified in the order and that the contracts shall by force of the order be deemed to be varied to the extent of the amount by which the price is so increased.
“(2) Any order made in pursuance of this regulation shall be valid and effectual for all purposes.”
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 1919, No. 119, known as the Regulations under the War Precautions Act 1914–1918, were enacted by the Governor-General in Council to address immediate economic and regulatory challenges arising from the aftermath of World War I. These regulations were made under the authority granted by the War Precautions Act 1914–1918, which aimed to ensure national security and manage resources during the war. The policy objective behind these regulations was to stabilise and control the prices of essential commodities, specifically coal, gas, and coke, which were critical for the nation's post-war recovery and energy needs. By allowing the Prime Minister to set fixed prices for these commodities, the regulations aimed to prevent price gouging and maintain affordability for consumers while ensuring fair compensation for producers.
Scope and Application
The War Precautions (Coal) Regulations, made under the War Precautions Act 1914–1918, apply to any person who has purchased coal from the Commonwealth. These regulations pertain specifically to the sale of coal that has been acquired by the Commonwealth and subsequently sold by the purchasers. The application extends to the entire Commonwealth, with the authority to fix and vary prices across different regions and coal qualities. The regulations also address the sale of gas and coke, ensuring that any price increases in these commodities are appropriately managed and communicated. Any person or entity selling coal at a higher price than that fixed by the Prime Minister is liable to an offence, and existing contracts are deemed to be varied in accordance with the regulations. Notably, these regulations override any pre-existing contractual terms, ensuring the uniform application of the price controls. Any exemptions or exclusions from these regulations are determined by the Prime Minister in their orders, allowing for specific coal to be excluded from price controls where deemed necessary.
Key Provisions
The key operative sections of these regulations (Regulations 10b and 10c) pertain to the control and regulation of the sale of coal, gas, and coke. Regulation 10b empowers the Prime Minister to fix the price at which any person who has purchased coal from the Commonwealth can sell it. This regulation also stipulates that selling coal at a price higher than that fixed by the Prime Minister is an offence. The fixed price can vary across different regions of the Commonwealth and for different qualities of coal. Importantly, any existing contracts for the sale of coal will be deemed to be varied by this regulation, overriding the terms of those contracts. However, the Prime Minister has the discretion to exclude certain coal from this price regulation, in which case the overriding provisions do not apply.
These regulations impose specific obligations on parties who have purchased coal from the Commonwealth. Primarily, they must adhere to the price set by the Prime Minister and cannot sell the coal at a higher price. They are also required to comply with any subsequent price adjustments made by the Prime Minister. If the price of coal fixed by the Prime Minister exceeds the previous price, the Prime Minister can further regulate the price of gas and coke produced from that coal. Companies producing gas or smelting coke must adhere to the new prices set or allowed by the Prime Minister and adjust their contracts accordingly.
The regulations establish clear consequences for non-compliance. According to Regulation 10b(1), selling coal at a price higher than that fixed by the Prime Minister constitutes an offence. While the specific penalties for this offence are not detailed within the regulations themselves, under the War Precautions Act 1914–1918, penalties for such offences can include fines or imprisonment. Regulation 10c, which deals with the price of gas and coke, does not explicitly mention penalties for non-compliance, but it implies that failure to adhere to the Prime Minister's orders would render any existing contracts void or varied by operation of law. Thus, any breach of these regulations could have both civil and criminal ramifications depending on the specific context and the broader legal framework within which they operate.