STATUTORY RULES.
1918. No. 105.
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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 make the following regulation under the War Precautions Act 1914-1916 to come into operation forthwith.
Dated this twenty-fourth day of April, 1918.
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
G. F. PEARCE,
Minister of State for Defence.
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Amendment of the War Precautions (Prices) Regulations.
(Statutory Rules 1916, No. 155, as amended by Statutory Rules 1916, Nos. 188 and 286, and Statutory Rules 1917, Nos. 2, 5, and 224, and Statutory Rules. 1918, No. 19.)
After regulation 18 of the War Precautions (Prices) Regulations, the following regulation is inserted:—
Alteration of size of containers or quantity or ingredients of foodstuff or necessary commodity.
“18a. (1) Any person who without the written consent of the Chief Prices Commissioner—
(a) packs or puts up any foodstuff or necessary commodity in a container of a size smaller than the container ordinarily used by him at the commencement of this regulation;
(b) packs or puts up in a container a quantity of a foodstuff or necessary commodity smaller than the quantity ordinarily packed or put up by him in a container of that size at the commencement of this regulation; or
(c) alters the formula or recipe ordinarily used by him at the commencement of this regulation in the manufacture or production of any foodstuff or necessary commodity,
shall be guilty of an offence.
(2) For the purposes of this regulation proof that at the commencement of this regulation any person dealing in the ordinary course of trade in any foodstuff or necessary commodity in respect of which any proceedings have been instituted, sold or had for sale—
(a) any foodstuff or necessary commodity purporting to have been packed or put up by the defendant in a container of a certain size, shall be evidence that that was the size of the container ordinarily used by the defendant at the commencement of this regulation in the packing or putting up of the foodstuff or necessary commodity;
(b) any foodstuff or necessary commodity purporting to have been packed or put up by the defendant in a container containing a certain quantity of the foodstuff or necessary commodity shall be evidence that that was the quantity ordinarily packed or put up by the defendant at the commencement of this regulation in a container of that size; and
(c) any foodstuff or necessary commodity (purporting to have been manufactured or produced by the defendant) which appears by analysis or otherwise to have been manufactured or produced in accordance with a certain formula or recipe shall be evidence that that formula or recipe was that ordinarily used by the defendant at the commencement of this regulation in the manufacture or production of the foodstuff or necessary commodity.
(3) It shall be a defence to a prosecution for an offence against the provisions of paragraph (c) of sub-regulation (1) of this regulation if the defendant proves that—
(a) the alteration in the formula or recipe was not made in anticipation or consequence of any action under these regulations in respect of the foodstuff or necessary commodity the formula or recipe of which was altered; and
(b) the foodstuff or necessary commodity manufactured or produced in accordance with the formula or recipe as altered was a superior article to that manufactured or produced prior to the alteration.”
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Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
Overview
The War Precautions Regulations 1918 were enacted under the authority of the War Precautions Act 1914-1916 by the Governor-General in Council. This legislative instrument sought to address the problem of businesses reducing the size of containers or quantities of foodstuffs and necessary commodities without proper authorisation, which could lead to consumer deception and economic instability. The policy objective was to maintain the integrity and standard of essential goods during wartime by ensuring that businesses did not alter the packaging or composition of their products in a manner that would mislead consumers or disrupt the supply of necessary commodities. The regulations provided for penalties against those who altered the size of containers, quantity of contents, or formulas without the written consent of the Chief Prices Commissioner, aiming to preserve the established norms in trade and protect public interest during the wartime context.
Scope and Application
These regulations, made under the War Precautions Act 1914-1916, apply to any person who engages in the packing, selling, or manufacturing of foodstuffs or necessary commodities within the Commonwealth of Australia. Specifically, they target those who alter the size of containers, the quantity of foodstuffs or necessary commodities within these containers, or the ingredients and recipes used in their production without written consent from the Chief Prices Commissioner. The regulations aim to maintain standard sizes and quantities for these goods, ensuring that the public is not misled about the contents and value of the products they purchase. The regulations cover a wide array of foodstuffs and commodities deemed necessary during the war period, reflecting the urgency and scope of wartime controls. Exclusions or exemptions are not explicitly stated, but a defence is available if the alteration in recipe or formula was not made in anticipation of or as a consequence of the regulations and results in a superior product. This regulation extends the existing framework through subordinate instruments, thereby tightening controls and providing further clarity on the enforcement of size, quantity, and recipe standards for foodstuffs and necessary commodities.
Key Provisions
The War Precautions (Prices) Regulations (1918) amend the existing regulations by inserting a new regulation 18a. This new regulation specifically addresses the alteration of sizes and quantities of foodstuffs and necessary commodities. Section 18a(1) stipulates that any person who packs or puts up foodstuffs or necessary commodities in containers of a size smaller than those ordinarily used before the regulation came into effect, or packs a quantity smaller than that ordinarily packed, or alters the formula or recipe used in their manufacture, without the written consent of the Chief Prices Commissioner, commits an offence. This requirement ensures that there is consistency in the sizes, quantities, and recipes of essential goods during the wartime period, thereby maintaining a standard for consumers and preventing practices that might lead to shortages or increased prices.
The obligations imposed by the War Precautions (Prices) Regulations (1918) require any person dealing in foodstuffs or necessary commodities to adhere strictly to the sizes, quantities, and recipes they used at the commencement of the regulation. This includes obtaining written consent from the Chief Prices Commissioner for any changes to these parameters. For enforcement purposes, Section 18a(2) outlines that proof of the sale of goods in a certain size or quantity, or produced with a certain recipe, serves as evidence of the ordinary practices at the commencement of the regulation. This provision aims to facilitate the enforcement process by establishing a baseline against which deviations can be measured.
Failure to comply with the War Precautions (Prices) Regulations (1918) can result in criminal penalties. Section 18a(1) clearly states that any contravention of its provisions is an offence. However, the specific penalties for breaching this regulation are not detailed within the text provided. Nevertheless, the implication is that those found guilty of such offences could face legal consequences, which historically could include fines or imprisonment, depending on the severity of the breach and any additional directives or precedents set by the wartime legislation. The overarching intent of the regulation is to maintain stability and fairness in the distribution and pricing of essential goods during a period of national emergency.