War Precautions (Cornsacks) Regulations 1917 (Amendment)

Overview

The Statutory Rules 1917, No. 320, under the War Precautions Act 1914-1916, were enacted to address the logistical challenges and potential disruptions in the supply of essential materials during wartime, specifically cornsacks in this instance. This legislative instrument was introduced to allow for the amendment of pre-existing contracts for the supply of cornsacks in response to the evolving needs of the war effort. The regulation was made by Sir Arthur Lyulph Stanley, acting as the Deputy of the Governor-General, in accordance with the provisions of the Constitution and with the advice of the Federal Executive Council. The overarching policy objective is to ensure the flexibility and continuity of essential supplies, thereby supporting the war effort by adapting to the dynamic circumstances of the conflict.

Scope and Application

The Statutory Rules 1917, No. 320, made under the War Precautions Act 1914-1916, pertains specifically to the amendment of the War Precautions (Cornsacks) Regulations, which were initially set out in Statutory Rules 1917, No. 293. This regulation applies to any contracts for the supply of cornsacks that were entered into prior to the commencement of these regulations, allowing for the variation of these contracts by the Chief Prices Commissioner. This variation can occur either at the written application of either party to the contract or on the Commissioner’s own motion. The regulation mandates that any variation must be communicated in writing to each party at their current or last known address, and such varied contracts are to be considered as valid as if the variations had not been made. The scope of this regulation is confined to the State of Victoria and its dependencies, acting under the authority of the Governor of Victoria, who is the Deputy of the Governor-General, and in accordance with the provisions of the Constitution. The regulation extends the authority of the Chief Prices Commissioner to intervene in existing cornsack supply contracts to accommodate changes in circumstances without invalidating the agreements.

Key Provisions

The War Precautions (Cornsacks) Regulations, amended by Statutory Rules 1917, No. 320, introduce a new provision (Regulation 3a) that allows for variations to existing contracts for the supply of cornsacks. This new regulation provides that any contract for the supply of cornsacks that was entered into before the commencement of these Regulations can be varied by the Chief Prices Commissioner. This variation can occur either on the written application of either party to the contract or on the Chief Prices Commissioner's own motion (3a(1)). The regulation specifies that any variation of the contract is to be considered as valid as if the variation had not been made, thus maintaining the legal integrity of the contract post-variation (3a(1)). Additionally, the regulation mandates that any such variation must be communicated in writing by the Chief Prices Commissioner and sent by post to each party at their current or last known address (3a(2)). The obligations imposed by this regulation on the parties involved in cornsack supply contracts are primarily centered around the requirement for written notifications and the acceptance of variations by the Chief Prices Commissioner. Both parties to the contract must ensure that they provide the Chief Prices Commissioner with their current or last known address to facilitate the communication of any contract variations. Furthermore, upon receiving a notification of a contract variation, both parties are obligated to adhere to the terms as varied by the Chief Prices Commissioner. Breach of the provisions under this regulation may lead to civil or administrative consequences, though the specific nature of these consequences is not detailed in the regulation itself. However, given the context of wartime regulations, non-compliance could potentially result in further penalties or actions taken under the broader framework of the War Precautions Act 1914-1916. While the regulation does not explicitly state the penalties for breach, it is reasonable to infer that failure to comply with the notification and variation requirements could be viewed as contravening the Act's broader objectives of ensuring efficient and controlled wartime procurement.