STATUTORY RULES.
1918. No. 233.
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REGULATIONS UNDER THE WAR PRECAUTIONS ACT 1914-1916.
I, SIR ARTHUR LYULPH STANLEY, Deputy of 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 fourth day of September, 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. 155, as amended by Statutory Rules 1916, Nos. 188 and 286, and Statutory Rules 1917, Nos. 2, 5, and 224, and Statutory Rules 1918, Nos. 19, 59, 105, 130, 205.)
After regulation 15a of the War Precautions (Prices) Regulations, the following regulation is inserted:—
“15aa. Any person who—
(a) purchases or offers to purchase; or
(b) holds himself out as being willing to purchase or offer to purchase, or being willing or able to obtain a purchaser for; or
(c) offers to act in connexion with the purchase of
any foodstuffs or necessary commodities in any proclaimed area at a greater price (whether by way of premium or otherwise howsoever) than the maximum price fixed by or under these Regulations for the sale of those foodstuffs or necessary commodities in that area shall be guilty of an offence.”
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. 233, made under the War Precautions Act 1914-1916, were enacted to address the urgent need to control prices of essential goods during the First World War. This legislation was introduced to prevent the exploitation of wartime shortages by controlling the prices of foodstuffs and necessary commodities in proclaimed areas. The regulations were made by the Deputy of the Governor-General, Sir Arthur Lyulph Stanley, acting with the advice of the Federal Executive Council. The policy objective of these regulations was to maintain stability in the prices of essential goods, thereby ensuring fair access and preventing economic manipulation during the war effort.
Scope and Application
The War Precautions Regulations 1918, enacted under the War Precautions Act 1914-1916, specifically target individuals or entities involved in the purchase, offer to purchase, or facilitation of the purchase of foodstuffs or necessary commodities in proclaimed areas at prices exceeding those fixed by regulation. This legislation applies across the Commonwealth of Australia, affecting all persons, businesses, and transactions within the scope of the proclaimed areas. The regulation aims to prevent price gouging during times of war, thereby ensuring the fair distribution and availability of essential goods. The regulation's reach is extensive, applying to any individual or entity involved in the specified conduct within the designated areas, and it extends through subordinate instruments to cover additional details and enforcement mechanisms. The regulation does not explicitly state any exclusions or exemptions, indicating a broad application to deter any form of price manipulation in critical wartime contexts.
Key Provisions
The primary operative section of the Statutory Rules (C1918L00233) amends the War Precautions (Prices) Regulations to include a new regulation 15aa. This regulation criminalises any act of purchasing, offering to purchase, or facilitating the purchase of foodstuffs or necessary commodities at a price higher than the maximum price fixed by or under the War Precautions Regulations in a proclaimed area. This applies whether the higher price is offered as a premium or in any other manner. This regulation seeks to prevent price gouging and ensure fair pricing during wartime.
The Act imposes several obligations on individuals and entities within the proclaimed areas governed by these regulations. Firstly, it mandates that no person may engage in the purchase or offer to purchase foodstuffs or necessary commodities at prices exceeding the maximum set by the regulations. This includes any act of representing oneself as willing or able to purchase or facilitate such purchases at a higher price. Secondly, it imposes a duty on individuals to comply with the specified maximum prices, ensuring that trade and commerce in essential goods remain within the bounds set by the regulatory framework. These obligations are intended to maintain price stability and ensure equitable access to essential commodities during times of war.
In terms of consequences for breach, regulation 15aa stipulates that any person who violates the provisions by purchasing, offering to purchase, or facilitating the purchase of foodstuffs or necessary commodities at a price exceeding the maximum set by the regulations commits an offence. The nature of the offence and the specific penalties are not detailed within the excerpt of the statutory rules provided. However, typically, breaches of wartime regulations of this nature could result in both civil and criminal penalties, which may include fines, imprisonment, or other sanctions as prescribed by relevant legislation or as determined by a court of law. The intent behind these penalties is to deter non-compliance and uphold the regulatory framework established to manage economic stability during wartime.