War Precautions (Prices) Regulations 1916 (Amendment)

Legislation au C1918L00295 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1918. No. 295.

 

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 Regulations under the War Precautions Act 1914-1916 to come into operation forthwith.

Dated this sixth day of November, 1918.

R. M. FERGUSON,

Governor-General.

By His Excellency’s Command,

G.F. PEARCE,

Minister of State for Defence.

 

Amendment of the War Precautions (Prices) Regulations.

(Statutory Rules 1916, No. 155, as amended by Statutory Rules 1916, Nos. 188 and 286, Statutory Rules 1917, Nos. 2, 5, and 224, and Statutory Rules 1918, Nos. 18, 59, 105, 130, 205, 233, and 286.)

1. Regulation 2 of the War Precautions (Prices) Regulations is amended by inserting in the definition of “the Board”, after the word “Prices”, the word “Advisory”.

2. Regulations 3 and 3a of the War Precautions (Prices) Regulations are repealed and the following regulation inserted in their stead:—

Chief Commissioner.

“3. The Governor-General may appoint a Chief Commissioner who shall have and may exercise such powers and functions as are conferred on him by these Regulations.”

3. Regulation 5 of the War Precautions (Prices) Regulations is repealed and the following regulations inserted in its stead:—

Salaries of Commissioners.

“5. The respective Commissioners shall be paid such remuneration by way of salary and allowances as the Minister determines.

Commonwealth Prices Advisory Board.

“5a (1) There shall be a Commonwealth Prices Advisory Board consisting of four or more members who shall be appointed by and hold office during the pleasure of the Minister.

“(2) The Chairman of the Board shall be appointed by the Minister and, in the absence of the Chairman, the members present at any meeting may appoint one of their number to act as chairman.

“(3) Three members of the Board shall form a quorum.

Functions of the Board.

“5b. (1) The Board shall consider any matter referred to it by the Chief Commissioner and furnish the Chief Commissioner with a report upon the matter so referred.


“(2) In the event of any member of the Board not being in agreement with any report made by the Board, the member may furnish the Chief Commissioner with a report setting forth his views on that matter.

Members to sit with Commissioner.

“5c. (1) The Board or any member thereof shall, when required so to do by the Chief Commissioner, sit with him or with a Commissioner in an advisory capacity in connexion with any matter arising under these Regulations.

“(2) A member of the Board when sitting with the Chief Commissioner or a Commissioner may ask questions of any witness in relation to any such matter and shall be entitled to a copy of the notes of evidence taken while he is so sitting:

Provided that upon objection being raised by a witness to the presence of a member of the Board during the hearing of any evidence to be given by the witness on the ground that the member may obtain information regarding his business which will assist the member in competition with the witness, the member shall not be present during the hearing, and shall not be entitled to a copy of the notes of such evidence.

Travelling expenses of members of the Board.

“5d. Each member of the Board shall be paid—

(a) a sum of thirty shillings per diem for travelling expenses in respect of any period during which he is engaged, outside the metropolitan area of the State in which he resides; and

(b) all fares incurred by him in travelling whether by land or water,

in connexion with the performance of his duties as a member of the Board.

Chief Commissioner may convene meetings.

“5e. The Chief Commissioner may, whenever he deems it necessary, convene a meeting of the Board, or request any member thereof, to consider any matter arising under these Regulations.

Declaration of secrecy.

“5f. (1) Each member of the Board shall, before entering on his duties under these Regulations, sign a declaration of secrecy in accordance with the following form:—

Declaration of Secrecy.

I,       of       in the State of                                                        in the Commonwealth of Australia, do solemnly and sincerely declare that I will not directly or indirectly communicate or divulge otherwise than in the course of my duty as a member of the Commonwealth Prices Advisory Board, any information which comes to my knowledge in consequence of my acting as a member of the Board.

Declared at      in the State of                   this                                                         day of                                                                                     19              .

Before me—

Justice of the Peace for the State of Commissioner for taking Affidavits. Commissioner for Declarations.

“(2) Any member of the Board who, except in the course of his duty under these Regulations, directly or indirectly communicates or divulges any information relating to any matter which comes to his knowledge in consequence of his position as such member, shall be guilty of an offence.”


4. Regulation 6 of the War Precautions (Prices) Regulations is amended—

(a) by omitting from sub-regulation (1) thereof the words “The Board and”;

(b) by omitting from sub-regulation (1) thereof the words “it or”; and

(c) by omitting sub-regulation (2) thereof and inserting in its stead the following sub-regulation:—

“(2) Each Commissioner may impound or retain any documents, books and papers produced to him or inspected by him or by any member of the Board, or any other person in pursuance of this regulation, but the person entitled to such documents, books and papers, shall, in lieu thereof, be entitled to a copy certified as correct by a Commissioner and such certified copy shall be received in all Courts as evidence and as of equal validity with the original.”

5. Regulations 7 and 8 of the War Precautions (Prices) Regulations are amended by omitting therefrom the words “before the Board or” (wherever occurring).

6. Regulation 9 of the War Precautions Regulations is repealed and the following regulation inserted in its stead:—

Preventing Commissioner or authorized person from entering premises, &c.

“9. Any person who, prevents or attempts to prevent a Commissioner, or member of the Board or other person who produces an authority in writing signed by a Commissioner, from entering upon any premises and inspecting any documents, books and papers or any stocks of foodstuffs and necessary commodities, shall be guilty of an offence.”.

7. Regulation 10 of the War Precautions (Prices) Regulations is repealed.

8. Regulation 11 of the War Precautions (Prices) Regulations is amended—

(a) by omitting from sub-regulation (1) thereof the words “The Board and”;

(b) by omitting from sub-regulation (1) thereof the words “the Board or”;

(c) by omitting from sub-regulation (1) thereof the words “the Board (or the Commissioner as the case may be)” and inserting in their stead the words “the Commissioner”; and

(d) by omitting from sub-regulation (2) thereof the words “the Board or”.

9. Regulations 12, 13 and 14 of the War Precautions (Prices) Regulations are amended by omitting therefrom the words “the Board or” (wherever occurring).

 

 

 

 

 

 

 

Printed and Published for the Government of the Commonwealth of Australia by H. J. Green, Acting Government Printer for the State of Victoria.

Overview

The Statutory Rules 1918, No. 295, are Regulations under the War Precautions Act 1914-1916, which were enacted to address the economic challenges and price controls necessitated by the First World War. This legislative instrument was made by the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, to establish a framework for managing prices during wartime. The primary policy objective of these regulations was to ensure fair pricing of essential goods and services, thereby mitigating the inflationary pressures that could arise from the extraordinary circumstances of war. This was achieved through the establishment of a Commonwealth Prices Advisory Board, which was tasked with advising the Chief Commissioner on price-related matters and ensuring that prices remained reasonable and stable during the conflict.

Scope and Application

The Regulations under the War Precautions Act 1914-1916 apply to all individuals and entities within the Commonwealth of Australia. They are designed to control prices during wartime and empower the Governor-General to appoint a Chief Commissioner who can exercise specific powers and functions as outlined in these regulations. The regulations also establish a Commonwealth Prices Advisory Board, composed of four or more members appointed by the Minister, to advise the Chief Commissioner on matters related to price regulation. Members of the Board are required to sign a declaration of secrecy and may be called upon to sit with the Chief Commissioner to provide advice. Additionally, the regulations outline procedures for impounding documents, entering premises for inspection, and the payment of allowances and salaries to Board members and Commissioners. The geographic reach of these regulations is nationwide, applying uniformly across all states and territories within Australia.

Key Provisions

The main operative sections of these Regulations amend the War Precautions (Prices) Regulations, which were previously established under the War Precautions Act 1914-1916. Regulation 2 modifies the definition of "the Board" by adding the word "Advisory" to "Prices" (section 1). Regulations 3 and 3a are repealed and replaced with a new regulation that allows the Governor-General to appoint a Chief Commissioner with specific powers and functions under these Regulations (section 2). Regulation 5 is repealed and replaced with new provisions that establish the salaries of Commissioners, the composition and functions of a Commonwealth Prices Advisory Board, and the circumstances under which Board members may sit with the Chief Commissioner or a Commissioner in an advisory capacity (section 3 and 5). Regulation 6 is amended to remove references to "the Board" and to clarify the circumstances under which documents, books, and papers may be impounded or retained (section 4). Regulation 9 is amended to define the offence of preventing a Commissioner, a Board member, or an authorized person from entering premises to inspect documents or commodities (section 6). The Regulations impose several obligations on the parties and entities they govern. The Chief Commissioner must be appointed by the Governor-General and may exercise certain powers and functions as conferred by the Regulations (section 2). The Commissioners are to be paid salaries and allowances determined by the Minister (section 3). Members of the Commonwealth Prices Advisory Board must be appointed by the Minister, sign a declaration of secrecy, and not communicate or divulge any information obtained in their capacity as Board members except in the course of their duty (section 5). The Board must consider matters referred to it by the Chief Commissioner, provide reports, and may sit with the Chief Commissioner or a Commissioner in an advisory capacity (section 5b and 5c). Members of the Board must be paid for their travel expenses when engaged outside the metropolitan area of their residence and must be provided with copies of evidence notes unless a witness objects (section 5d). The Chief Commissioner may convene meetings of the Board and request any member to consider matters under these Regulations (section 5e). The Board and Commissioners are granted authority to inspect documents, books, papers, and commodities on premises, and any interference with these inspections is an offence (sections 6, 9). Any person who directly or indirectly communicates or divulges information obtained as a member of the Commonwealth Prices Advisory Board, except in the course of their duty, commits an offence and is liable to penalty (section 5f). Any person who prevents or attempts to prevent a Commissioner, a Board member, or an authorized person from entering premises to inspect documents, books, papers, or commodities commits an offence (section 9). The penalties for these offences are not specified in the text, but the Regulations are made under the War Precautions Act 1914-1916, which may include provisions for penalties.

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