STATUTORY RULES.
1916. No. 118.
PROVISIONAL REGULATIONS UNDER THE WAR PRECAUTIONS ACT 1914-1916.
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby certify that on account of urgency, the following Regulations under the War Precautions Act 1914-1916 should come into immediate operation, and make the Regulations to come into operation forthwith as Provisional Regulations.
Dated this fourteenth day of June, One thousand nine hundred and sixteen.
R. M. FERGUSON.
Governor-General.
By His Excellency’s Command,
G. F. PEARCE.
Minister of State for Defence.
Amendment of War Precautions (Prices Adjustment) Regulations 1916.
(Statutory Rules 1916, No 40, as amended by Statutory Rules 1916, Nos. 46, 53, 82, and 96.)
Amendment of heading to Regulation 13.
1. The heading to Regulation 13 of the War Precautions (Prices Adjustment) Regulations is amended by omitting therefrom the words “on Sugar.”
Amendment of Regulation 13.
2. Regulation 13 of the War Precautions (Prices Adjustment) Regulations in amended—
(a) by omitting from sub-Regulation (1) thereof the words “refined sugar “and by inserting the word “goods” in their stead; and
(b) by inserting in sub-Regulation (3) thereof, after the word “Regulation,” the words “fixing the maximum freight which may be charged on the carriage of refined sugar.”
Amendment of Regulation 14.
3 Regulation 14 of the War Precautions (Prices Adjustment) Regulations is amended by omitting therefrom the words “refined sugar” and inserting the word “goods” in their stead.
4 After Regulation 14 of the War Precautious (Prices Adjustment) Regulations, the following Regulation is inserted:—
Freights not to be increased
“15 From and after the date of the commencement of this Regulation no increase shall be made in the charges for freight, beyond those prevailing at the date of the making of this Regulation, on the carriage of goods from any port in Australia to any other port in Australia, unless the written consent of the Minister has first been obtained.”
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
C. 7713.—Price 3d.
Overview
The Statutory Rules 1916, No. 118, titled "Provisional Regulations Under the War Precautions Act 1914-1916," was enacted to address urgent matters arising during the First World War period. These Provisional Regulations were introduced by the Governor-General, acting with the advice of the Federal Executive Council, to provide immediate operational measures under the War Precautions Act 1914-1916. The primary purpose of these regulations was to amend the War Precautions (Prices Adjustment) Regulations 1916, specifically to adjust the pricing structure and freight charges for goods, including refined sugar, within Australia during the wartime context. This legislative action aimed to stabilise prices and prevent excessive freight charges, ensuring fair trade practices amidst the extraordinary circumstances of the war.
Scope and Application
The Provisional Regulations under the War Precautions Act 1914-1916 apply nationally across Australia, impacting various industries and transactions related to the transportation of goods, specifically addressing the freight charges for goods, including refined sugar. These regulations extend to any entity or person involved in the carriage of goods within Australia and aim to control and potentially reduce the costs associated with the transport of goods during a period of wartime urgency. The regulations are designed to ensure that freight charges do not exceed those prevailing at the time of the regulation's enactment unless specific written consent is obtained from the Minister. These provisions underscore the Commonwealth's intent to maintain stability and control over economic activities that are deemed crucial during wartime.
Key Provisions
The main operative sections of these Provisional Regulations under the War Precautions Act 1914-1916 involve amendments to the War Precautions (Prices Adjustment) Regulations 1916. Specifically, Regulation 13 is altered to broaden its scope from regulating refined sugar to generally regulating goods (Regulation 13(1) and (3)). Furthermore, Regulation 14 is also amended to remove specific references to refined sugar and instead refer to goods (Regulation 14). Additionally, a new Regulation 15 is inserted, prohibiting any increase in freight charges for the carriage of goods within Australia beyond the rates prevailing at the time of the Regulation's commencement, unless the Minister’s written consent is obtained (Regulation 15).
The obligations imposed by these Regulations on the parties involved primarily revolve around adhering to the new maximum freight charges set forth for the carriage of goods within Australia. These changes necessitate compliance with the amended and new regulations, ensuring that any freight charges for goods do not exceed those prevailing at the date of the Regulation's commencement without explicit ministerial approval. This requirement applies to all parties involved in the carriage of goods between Australian ports.
Breach of these Regulations could lead to significant legal consequences. For example, charging freight rates above the permissible limits without ministerial consent could be considered a violation. While the exact penalties are not explicitly stated in these Regulations, under the War Precautions Act 1914-1916, penalties for such breaches can include fines and imprisonment. The severity of these penalties would depend on the specific nature and extent of the breach, reflecting the seriousness of the wartime context in which these Regulations were enacted.