War Precautions (Prices) Regulations 1916 (Amendment)

Legislation au C1918L00059 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1918. No. 59.

_______

REGULATIONS UNDER THE WAR PRECAUTIONS ACT 1914-1916.

I, SIR ARTHUR STANLEY, Governor of the State of Victoria and its Dependencies in the Commonwealth of Australia, acting as the Deputy of the Governor-General in accordance with the provisions of the Constitution, 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 fifth day of March, 1918.

A. L. STANLEY,

Deputy of the 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. 156, as amended by Statutory Rules 1916, Nos. 188 and 286, Statutory Rules 1917, Nos. 2, 5, and 224, and Statutory Rules 1918, No. 19.)

Amendment of regulation 6.

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

(a) by inserting after sub-regulation (1) the following sub-regulation:—

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

(b) by omitting sub-regulation (3) thereof.

2. After regulation 15a of the War Precautions (Prices) Regulations the following regulation is inserted:—

Refusal, &c., to sell at fixed prices.

“15c (1) Any person who has in his custody or under his control any foodstuff or necessary commodity in which he usually

C.3587.—Price 3d.


trades, in respect of which a maximum price has been fixed by or under these Regulations who refuses or fails on—

(a) demand of any quantity of the foodstuff or necessary commodity; and

(b) tender of payment at the price so fixed for the quantity demanded,

to supply such foodstuff or necessary commodity in the quantity demanded, shall be guilty of an offence against the Act.

“(2) In any prosecution under this regulation it shall be a sufficient defence to show that, on the occasion in question—

(a) the defendant supplied a reasonable quantity of the foodstuff or necessary commodity; or had not a sufficient quantity of the foodstuff or commodity in his custody or under his control to supply the quantity demanded, in addition to the quantity required to satisfy all other contracts, then subsisting, under which he was obliged to supply quantities of the foodstuff or commodity, and the ordinary requirements of his business; or

(b) the defendant was a wholesale trader in the foodstuff or necessary commodity, and the person who demanded to be supplied was not a retail trader therein.

“(3) For the purposes of this regulation, in determining what is a reasonable quantity, regard shall be had to all the circumstances of the case, including the question whether the person who demanded to be supplied was or was not, at the time of the demand, carrying on business as a retail trader in the foodstuff or necessary commodity demanded, either alone or with other goods.

“(4) If any person carries on business of any class in connexion with which a necessary of life is usually sold or supplied or if he has been in the habit of selling or supplying the foodstuff or necessary commodity he shall for the purposes of this regulation be deemed usually to trade in that foodstuff or necessary commodity.”

3. After regulation 18 of the War Precautions (Prices) Regulations the following regulation is inserted:—

Declaration of secrecy.

“18a. (1) A declaration of secrecy shall be made—

(a) by each officer at present employed for the purposes of these Regulations—forthwith; and

(b) by every person proposed to be employed for the purposes of these Regulations—before entering, upon the duty of his office.

in the following form:—

War Precautions (Prices) Regulations.

Declaration of Secrecy.

I,     of     in the State of                                          in the Commonwealth of Australia, do solemnly and sincerely declare that, except in the course of my duty under the above Regulations, I will not directly or


indirectly communicate or divulge any information relating to any matter which comes to my knowledge in consequence of my employment for the purposes of these Regulations.

……………………………………….

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) All declarations of secrecy under these Regulations shall be lodged with and retained by the Chief Prices Commissioner.

“(3) Any officer employed for the purposes of these Regulations 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 employment for the purposes of 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 Statutory Rules 1918 No. 59, made under the War Precautions Act 1914-1916, was enacted to address the urgent need for stricter control over prices and the supply of essential commodities during the First World War. This legislation was introduced to ensure that the supply of foodstuffs and necessary commodities remained stable and accessible to the public, particularly in light of the war effort. The Act was enacted by the Federal Executive Council, with the Minister of State for Defence, G. F. Pearce, playing a significant role. The primary policy objective was to maintain economic stability and public order by preventing hoarding and excessive pricing of essential goods, thereby safeguarding the welfare of the Australian population during wartime.

Scope and Application

The Regulations under the War Precautions Act 1914-1916, made by the Deputy of the Governor-General in accordance with the Constitution, apply to any person or entity within the State of Victoria and its dependencies who is engaged in the trade or supply of foodstuffs or necessary commodities during wartime. The regulations impose obligations on traders to sell these commodities at fixed prices and include provisions for the impounding and retention of documents related to trade, with certified copies serving as legal evidence. Additionally, the regulations mandate that any officer or prospective employee involved in enforcing these wartime regulations must sign a declaration of secrecy, prohibiting them from disclosing any information obtained during their employment. The regulations also include exemptions for suppliers who can demonstrate that they supplied reasonable quantities or were unable to meet the demand due to existing contracts and business requirements. The regulations are enforced through the War Precautions (Prices) Regulations, which can be amended through subordinate instruments to adapt to changing circumstances.

Key Provisions

The Regulations under the War Precautions Act 1914-1916 (C1918L00059) bring about several amendments to the War Precautions (Prices) Regulations. Firstly, Regulation 6 is amended to allow the Board and each Commissioner to impound or retain documents, books, and papers inspected in pursuance of these regulations (Regulation 6(2)). However, the original owner is entitled to a certified copy of these documents, which is deemed to have the same legal validity as the original (Regulation 6(2)). Furthermore, Regulation 15c is introduced to address the refusal to sell foodstuffs or necessary commodities at fixed prices. Any person in control of such goods who refuses to supply them upon demand and payment at the fixed price commits an offence (Regulation 15c(1)). The defences to this offence include supplying a reasonable quantity of goods, lack of sufficient stock, or being a wholesale trader selling to another wholesale trader (Regulation 15c(2)-(4)). Regulation 18a mandates a declaration of secrecy for officers and prospective officers employed under these regulations, requiring them to pledge not to divulge any information obtained in the course of their duties (Regulation 18a(1)-(3)). The Regulations impose various obligations on parties involved in the sale of foodstuffs and necessary commodities. Firstly, any person in possession of these goods must comply with the fixed prices and supply them upon demand and payment (Regulation 15c(1)). Additionally, officers and prospective officers employed under these regulations must make a declaration of secrecy, pledging not to disclose any information obtained during their duties (Regulation 18a(1)-(3)). Furthermore, these officers must ensure that any documents, books, and papers inspected in pursuance of the regulations are either impounded or retained, with a certified copy provided to the original owner (Regulation 6(2)). The Regulations also establish penalties and consequences for breaches. Any person who refuses or fails to supply foodstuffs or necessary commodities at the fixed price, except under the specified defences, commits an offence (Regulation 15c(1)). Similarly, any officer who discloses information obtained in the course of their duties, in violation of the declaration of secrecy, is guilty of an offence (Regulation 18a(3)). The specific penalties for these offences are not detailed in the text, but it is implied that breaches may result in legal action and potential fines or imprisonment as prescribed by the relevant laws.

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