War Precautions (Prices Adjustment) Regulations 1916 (Amendment) (Provisional)

Legislation au C1916L00096 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1916. No. 96.

 

PROVISIONAL REGULATIONS UNDER THE WAR PRECAUTIONS ACT 1914–1915.

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 1914–1915 should come into immediate operation, and make the Regulations to come into operation forthwith as Provisional Regulations.

Dated this eighteenth day of May, 1916.

R. M. FERGUSON,

Governor-General.

By His Excellency’s Command,

FRANK G. TUDOR,

For the 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, and 62).

Amendment of Regulation 8.

1. Regulation 8 of the War Precautions (Prices Adjustment) Regulations is amended by omitting, from sub-regulation (1) thereof, the words “the Schedule” and inserting in their stead the words “the First Schedule.”

Amendment of Regulation 9a.

2. Regulation 9a of the War Precautions (Prices Adjustment) Regulations is amended—

(a) by omitting from paragraph (a) thereof the word “and”; and

(b) by inserting therein, after paragraph (b), the following paragraph:—

“and (c) declare that, as regards any proclaimed area, any price fixed by or under these Regulations shall after a date specified by him, cease to be the maximum price at which flour, bread, bran or pollard may be sold or offered for sale in that area.”

Amendment of Schedule of proclaimed areas.

3. The Schedule of proclaimed areas to the War Precautions (Prices Adjustment) Regulations is amended by omitting therefrom the heading “The Schedule” and inserting in its stead the heading “The First Schedule.”

C.6387.—Price 3d.

Amendment of Schedule of Forms.

4. The Schedule of Forms to the War Precautions (Price Adjustment) Regulations is amended by omitting therefrom the heading “The Schedule” and inserting in its stead the heading “The Second Schedule.”

5. After Regulation 12 of the War Precautions (Prices Adjustment) Regulations the following regulations are inserted:—

“Freight on Sugar.

Determination of freight on sugar.

“13.—(1) The Governor-General may, from time to time, on the recommendation of the Board, determine the maximum freight which may be charged on the carriage of refined sugar from any port in Australia to any other port in Australia.

“(2) Any such determination shall be published in the Gazette, and shall from the date specified in the Gazette have the force of law.

“(3) Until the Governor-General makes any determination in pursuance of sub-regulation (1) of this Regulation, the maximum freight which may be charged on the carriage of refined sugar from any port in Australia to any other port in Australia shall be the maximum freight which was charged during the year One thousand nine hundred and fifteen on the carriage of refined sugar from the first mentioned port to the last mentioned port.

Receipt of freight greater than the maximum freight.

“14. Any person who charges or receives, for the carriage of refined sugar from any port in Australia to any other port in Australia, freight greater than that fixed under these Regulations 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 Provisional Regulations under the War Precautions Act 1914–1915, enacted in 1916, address the urgent need to regulate and control prices and freight rates during the period of the First World War. These regulations were issued by the Governor-General in Council, recognising the exigency of the situation and the necessity for immediate measures to stabilise economic conditions amidst wartime pressures. The policy objective behind these regulations was to ensure that essential goods such as flour, bread, bran, pollard, and refined sugar were affordable and accessible, thereby maintaining public order and support for the war effort. This legislative instrument thus aims to amend existing regulations to better manage prices and freight charges on essential goods, reflecting the overarching goal of economic stability during a time of national crisis.

Scope and Application

The Provisional Regulations under the War Precautions Act 1914-1915 apply to all persons and entities involved in the sale and transportation of certain goods, particularly flour, bread, bran, pollard, and refined sugar within the Commonwealth of Australia. These regulations are intended to ensure that prices and freight charges do not exceed the maximums set by the Governor-General in response to the exigencies of war. The scope of the regulations extends to all proclaimed areas within Australia, as outlined in the amended Schedule of proclaimed areas, and includes the power to declare when certain prices shall cease to be the maximum for specific goods. The regulations also introduce penalties for any person who charges or receives freight exceeding the maximums set for the carriage of refined sugar between Australian ports. The regulations are set to have immediate effect, reflecting the urgency of the wartime context in which they were formulated.

Key Provisions

The Provisional Regulations under the War Precautions Act 1914–1915, specifically Statutory Rules 1916 No. 96, contain several key provisions that amend existing regulations concerning prices and freight. Firstly, Regulation 8 (paragraph 1) is amended to reference the First Schedule instead of the Schedule, and Regulation 9a (paragraph 2) is modified to allow the Governor-General to declare the cessation of maximum prices for certain goods in proclaimed areas (sub-regulation 9a(b)(c)). Additionally, the headings of the Schedule of proclaimed areas and the Schedule of Forms are changed to First and Second Schedules respectively (paragraphs 3 and 4). The regulations also introduce new provisions regarding the freight on sugar, where the Governor-General may determine the maximum freight rates for the carriage of refined sugar between Australian ports (Regulation 13(1)). Any such determination must be published in the Gazette and will have the force of law from the specified date (Regulation 13(2)). Until such a determination is made, the maximum freight rate will be the rate charged in 1915 (Regulation 13(3)). Any person charging or receiving more than the specified freight will be guilty of an offence (Regulation 14). These regulations impose specific obligations on the parties involved, including adherence to the new maximum freight rates for refined sugar and compliance with the amendments to the Schedule of proclaimed areas and the Schedule of Forms. The Governor-General has the authority to determine the maximum freight rates on the recommendation of the Board, and such determinations must be published in the Gazette (Regulation 13). Additionally, the regulations mandate the cessation of certain maximum prices in proclaimed areas, allowing the Governor-General to declare the end of such price controls (Regulation 9a(b)(c)). Breach of these regulations carries significant consequences. Regulation 14 explicitly states that any person who charges or receives more than the maximum freight for the carriage of refined sugar will be guilty of an offence. Although the specific penalties for this offence are not detailed within the text of these regulations, they would typically be aligned with the broader legal framework governing such violations under the War Precautions Act 1914–1915. Non-compliance with other provisions, such as charging prices beyond the maximum set for certain goods in proclaimed areas, would also likely result in legal repercussions under the overarching legislation.

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