War Precautions (Coal) Regulations (Amendment)

Legislation au C1919L00141 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1919. No. 141.

 

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 sixth day of June, 1919.

R. M. FERGUSON,

Governor-General.

By His Excellency’s Command,

W. A. WATT,

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 and 119.)

1. Regulation 10a of the War Precautions (Coal) Regulations is amended by omitting sub-regulations (12) and (13) and inserting in their stead the following sub-regulations:—

“(12) The Prime Minister may by order in writing cancel, suspend or vary to the extent specified by him any contract or agreement for the supply of coal.

“(13.) Notice of the cancellation, suspension or variation may be given—

(a) by the publication of a copy of the order in the Gazette; or

(b) by the service of a copy of the order upon each party to the contract or agreement.

“(14) Where a contract or agreement for the supply of coal has in pursuance of this regulation been suspended the Prime Minister may by a subsequent order revoke the suspension.

“(15) Where the Prime Minister makes an order varying any contract or agreement he may by the same or a further order fix the date from which the variation shall take, or shall be deemed to have taken, effect, and declare that any coal delivered or tendered on or after the date specified in the order by or on behalf of the person who was in fact the vendor under the contract or agreement to the other party to the contract or agreement which otherwise complied or complies with the conditions of the contract or agreement shall be deemed to have been delivered or tendered, or to be delivered or tendered, as the case may be, under the contract or agreement unless the person making delivery or tender notified or notifies the other party in writing at the time of the delivery or tender that the delivery or tender was or is not in pursuance of that contract or agreement.”

2. Regulation 10c of the War Precautions (Coal) Regulations is amended:—

(a) by inserting in sub-regulation (1) thereof, after paragraph (a), the following paragraph:—

“(aa) that the standard price for gas which, as regards any gas company specified in the Order, may be charged by that company under 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, is increased by the amount specified in the Order, and that, as regards that company, the standard price fixed under any such Act, plus the amount of the increase, shall be deemed to be the standard price within the meaning of that Act; and”;


(b) by omitting from paragraph (b) of sub-regulation (1) thereof the words “smelting coke or” (wherever occurring); and

(c) by omitting sub-regulation (2).

3. After regulation 10c of the War Precautions (Coal) Regulations the following regulations are inserted:—

Wages of coke workers and selling price of smelting coke.

“10d. (1) Where the Prime Minister has given directions as to the rates of wages of persons employed in the production of coal acquired or to be acquired by the Commonwealth, he may, if he thinks fit, give directions as to the rates of wages and conditions of employment of persons employed in any part of the Commonwealth in the production of smelting coke.

“(2) Where the Prime Minister has given directions as to the rates of wages of persons employed in any part of the Commonwealth in the production of smelting coke, he may make an order varying by the addition of the prescribed amount the price charged for smelting coke supplied, on or after a date specified by him, under any contract for the supply of smelting coke produced in that part of the Commonwealth.

“(3) The prescribed amount referred to in the last preceding sub-regulation is the amount which represents the increased price paid for coal in pursuance of these Regulations together with the increases in the rate of wages directed in pursuance of this regulation.

Wages of shale workers and selling price of refined oils.

“10e. (1) Where the Prime Minister has given directions as to the rates of wages of persons employed in the production of coal acquired or to be acquired by the Commonwealth he may, if he thinks fit, give directions as to the rates of wages and conditions of employment of persons employed in any part of the Commonwealth in the production of shale.

“(2) Where the Prime Minister has given directions as to the rates of wages of persons employed in any part of the Commonwealth in the production of shale, or refined oils, therefrom, he may make an order varying, by the addition of such amount as is specified by him, the price charged for any refined oils supplied, on or after a date specified by him, under any contract for the supply of refined oils produced in that part of the Commonwealth.

Validity of Orders.

“10f. Any direction or order given or made in pursuance of these Regulations shall be valid and effectual for all purposes, and any person who contravenes any such direction or order shall be guilty of an offence.”

 

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. 141, are Regulations made under the War Precautions Act 1914-1918 by the Governor-General in Council. This legislative instrument addresses the need for immediate regulatory adjustments in response to the aftermath of World War I, specifically concerning the management and supply of coal and its derivatives. The Regulations seek to provide the Prime Minister with the authority to manage the coal supply chain more effectively, including the ability to suspend, cancel, or vary contracts for coal supply and to adjust the wages of workers in the coal industry. Additionally, the Regulations empower the Prime Minister to adjust prices of coal-derived products such as smelting coke and refined oils. The policy objective behind these Regulations is to ensure stability and control in the coal industry during a time of economic transition and recovery from the impacts of war.

Scope and Application

The Statutory Rules 1919, No. 141, issued under the War Precautions Act 1914-1918, apply to contracts and agreements related to the supply of coal, smelting coke, and refined oils within the Commonwealth of Australia. The regulations empower the Prime Minister to cancel, suspend, or vary such contracts and agreements, with the power to adjust wages and conditions of employment for workers in the coal and shale industries, as well as to set the prices for smelting coke and refined oils. These regulations extend across all states and territories of Australia, as they pertain to the Commonwealth's procurement and regulation of essential resources during the post-World War I period. The regulations also clarify the means of notifying parties of these changes, either through publication in the Gazette or direct service of the order. Notably, any contravention of the Prime Minister's directions or orders is subject to penalties, as the orders are deemed valid and enforceable.

Key Provisions

The main operative sections of these Regulations (C1919L00141) pertain to amendments and additions to the War Precautions (Coal) Regulations, which were originally enacted under the War Precautions Act 1914-1918. Specifically, Regulation 10a has been modified to allow the Prime Minister to cancel, suspend, or vary coal supply contracts or agreements (sub-regulations 12 and 13). Furthermore, sub-regulation 14 permits the Prime Minister to revoke any suspension of a coal supply contract or agreement. Sub-regulation 15 provides a mechanism for deeming coal delivered or tendered under varied contracts or agreements as valid unless explicitly objected to by the vendor. Regulation 10c has also been amended: a new paragraph (aa) has been inserted to adjust the standard price of gas charged by gas companies, and sub-regulation (2) has been omitted (sub-regulation 1). Additionally, new regulations 10d and 10e have been introduced. Regulation 10d allows the Prime Minister to direct wages and conditions of employment for persons involved in smelting coke production and to vary the selling price of smelting coke accordingly (sub-regulations 1, 2, and 3). Similarly, Regulation 10e allows the Prime Minister to direct wages and conditions of employment for persons involved in shale production and to adjust the selling price of refined oils from shale (sub-regulations 1 and 2). Regulation 10f ensures that any directions or orders made under these Regulations are valid and enforceable. The Regulations impose several obligations and requirements on the parties and entities they govern. Firstly, the Prime Minister is empowered to cancel, suspend, or vary coal supply contracts or agreements. This authority extends to giving directions on the wages and conditions of employment for workers involved in the production of smelting coke and shale, as well as refined oils derived from shale. Furthermore, the Prime Minister can adjust the selling prices of smelting coke and refined oils based on the increased price paid for coal and the directed wage increases. Any such directions or orders made under these Regulations must be adhered to by all relevant parties, and non-compliance is subject to legal consequences. Any breach of the directions or orders given or made under these Regulations constitutes an offence. The Regulations explicitly state that any person who contravenes any such direction or order shall be guilty of an offence (Regulation 10f). However, the specific civil or criminal consequences for such breaches are not detailed within the text of these Regulations. The potential penalties or consequences would typically be determined by the relevant legislation under which these Regulations were enacted, namely the War Precautions Act 1914-1918, or other applicable laws. As such, while the Regulations impose clear obligations, the exact penalties for non-compliance are not explicitly stated within this legislative instrument.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.