War Precautions (Second-hand Sacks) Regulations 1918

Legislation au C1918L00293 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1918. No. 293.

 

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 thirtieth day of October, 1918.

R. M. FERGUSON,

Governor-General.

By His Excellency’s Command,

G. F. PEARCE,

Minister of State for Defence.

 

War Precautions (Second-hand Sacks) Regulations.

Short title

1. These Regulations may be cited as the War Precautions (Second-hand Sacks) Regulations 1918.

Definitions.

2. In these Regulations, unless the contrary intention appears—

“Collector” means a person who holds a licence issued by a Commissioner to purchase second-hand sacks.

“Commissioner” means a Prices Commissioner, and includes the Chief Prices Commissioner.

“Dealer” means a person licensed by a Commissioner to be a dealer under these Regulations.

“Second-hand sacks” means second-hand sacks, bags, and other containers made wholly or partly of jute.

Sacks to be sold only to collector or dealer.

3 A person (other than a collector or dealer) shall not sell or dispose of any second-hand sacks to any person other than a collector or a dealer.

Conditions of licence to be observed.

4. A collector or dealer shall not purchase or sell or dispose of any second-hand sacks otherwise than in accordance with the conditions of licence.

Dealer having stocks shall not refuse to sell.

5. (1) A dealer having stocks of second-hand sacks on hand shall not refuse to sell such sacks to any person desiring to purchase them for use or consumption, and shall not charge a higher price for the sacks than the price fixed under the War Precautions (Prices) Regulations as maximum price.

(2) Provided that a dealer shall not be compelled to sell second-hand sacks in pursuance of this regulation if his stock of second-hand sacks on hand is not more than sufficient to enable him to fulfil his obligations under any contract by which he is at the time bound.


Books and accounts to be kept by dealers.

6. Every dealer shall keep books and accounts in which he shall enter or cause to be entered the particulars of all purchases of second hand sacks purchased by him and of all sales of second-hand sacks made by him, and, such particulars shall include—

(a) the date of the purchase or sale;

(b) the names of the persons from whom or to whom second hand sacks were purchased or sold; and

(c) the prices paid or received by him in respect of all secondhand sacks purchased or sold by him.

Issue of licences to dealers.

7. A Commissioner may issue to any approved person applying for it a dealer’s licence, in accordance with Form A in the Schedule to these Regulations.

Issue of licences to collectors.

8. A Commissioner may issue to any person applying for it a collector’s licence in accordance with Form B in the Schedule to these Regulations.

Cancellation of licences.

9. If the holder of any licence is, in the opinion of a Commissioner guilty of any breach of any condition indorsed on his licence, the Commissioner may cancel such licence, and thereupon the person named in the licence shall cease to be a dealer or a collector, as the case requires, and shall, when called upon by the Commissioner to do so, deliver up the licence to him.

 

SCHEDULE—FORM A.

Dealer’s Licence.

The War Precautions (Second-hand Sacks) Regulations 1918.

This is to certify that   of   is licensed as dealer under the above Regulations, subject to compliance by him with the conditions indorsed hereon.

Dated the     day of      , 191 .

……………………………

(Chief Prices Commissioner or a Prices Commissioner, as the case may be.)

 

Conditions to be Indorsed on Licence.

(1) The licensee shall not contravene the provisions of the War Precaution (Second-hand Sacks) Regulations 191 , or any regulations amending same or passed in substitution therefor.

(2) The licensee shall permit any person authorized by the Chief Prices Commissioner or a Prices Commissioner to inspect all books and accounts relating to second-hand sacks purchased or sold by him.

(3) The licensee shall supply to the Chief Prices Commissioner or a Prices Commissioner, or to any person authorized by the Chief Prices Commissioner or a Prices Commissioner all such information in his possession or power relating to second-hand sacks as the Chief Prices Commissioner or a Prices Commissioner or person so authorized shall require.


SCHEDULE—FORM B.

Collector’s Licence.

The War Precautions (Second-hand Sacks) Regulations 1918.

This is to certify that    of    is licensed as a collector under the above Regulations, subject to compliance by him with the conditions indorsed hereon.

Dated the     day of     , 191 .

……………………………

(Chief Prices Commissioner or a Prices Commissioner, as the case may be.)

 

Conditions to be Indorsed on Licence.

(1) The licensee shall not buy second-hand sacks at a price higher than the maximum price fixed under the War Precautions (Prices) Regulations for the time being in force.

(2) The licensee shall dispose of all second-hand sacks purchased by him in such manner as the Chief Prices Commissioner or a Prices Commissioner may for the time being direct, and not otherwise.

(3) The licensee shall not sell or dispose of any second-hand sacks at a higher price than the maximum price fixed.

(4) The licensee shall supply to the Chief Prices Commissioner or a Prices Commissioner, or to any person authorized by the Chief Prices Commissioner or a Prices Commissioner all such information in his possession or power relating to second-hand sacks as the Chief Prices Commissioner or a Prices Commissioner or person so authorized shall require.

 

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 War Precautions (Second-hand Sacks) Regulations 1918 were enacted by the Governor-General in Council under the authority of the War Precautions Act 1914-1916. This legislation was introduced to manage the distribution and sale of second-hand sacks, specifically those made of jute, during the First World War. The primary objective of these regulations was to ensure that second-hand sacks were only sold through licensed individuals, namely collectors and dealers, and to prevent the sale of these sacks at prices above the maximum allowed under the War Precautions (Prices) Regulations. This measure aimed to control the availability and pricing of essential goods during wartime. The regulations also mandated that detailed records of all transactions involving second-hand sacks be maintained by dealers, and allowed for the issuance and cancellation of licenses for collectors and dealers.

Scope and Application

The War Precautions (Second-hand Sacks) Regulations 1918 applies to the sale and disposal of second-hand sacks, bags, and other containers made wholly or partly of jute within the Commonwealth of Australia. This regulation is made under the War Precautions Act 1914-1916 and aims to control the sale of second-hand sacks during the war period. The regulation applies to any person who is not a licensed collector or dealer, prohibiting them from selling or disposing of second-hand sacks to anyone other than a licensed collector or dealer. The regulation also imposes conditions on the licences issued to collectors and dealers, including compliance with price regulations and record-keeping requirements. The regulation extends to the entire Commonwealth and can be enforced by the Prices Commissioner or the Chief Prices Commissioner. Subordinate instruments can extend or restrict the application of the regulation as needed.

Key Provisions

The War Precautions (Second-hand Sacks) Regulations 1918, made under the War Precautions Act 1914-1916, establish stringent controls over the sale and distribution of second-hand sacks, bags, and other containers made wholly or partly of jute (Regulation 2). The Regulations mandate that only licensed collectors and dealers may purchase or sell second-hand sacks (Regulation 3). Collectors and dealers must adhere to the specific conditions outlined in their licences, which include compliance with price restrictions and other regulatory requirements (Regulation 4). Dealers with existing stocks of second-hand sacks are required to offer these sacks for sale to anyone wishing to purchase them, but they cannot charge more than the maximum price set under the War Precautions (Prices) Regulations (Regulation 5). However, a dealer is not obligated to sell if their stock is insufficient to meet existing contractual obligations (Regulation 5(2)). Dealers are also mandated to maintain detailed records of all transactions involving second-hand sacks, including dates, parties involved, and prices (Regulation 6). Commissioners have the authority to issue licences to approved applicants for both collectors and dealers, as per the forms outlined in the Schedule (Regulations 7 and 8). Additionally, Commissioners can cancel a licence if the holder is found to be in breach of any licence conditions (Regulation 9). The Regulations impose several obligations on the parties involved. Collectors and dealers must ensure they operate within the confines of their licences, which include specific conditions such as adherence to price limits and record-keeping requirements (Regulations 4 and 6). Dealers must also comply with price restrictions and cannot refuse to sell to buyers who meet the conditions unless they are unable to meet existing contractual obligations (Regulation 5). Furthermore, all licence holders are required to provide any information about second-hand sacks to the Commissioner or an authorized person when requested (Regulations 4, 6, and 7(2)). These obligations are intended to ensure transparency and compliance with wartime economic controls. Breaches of the Regulations can result in significant penalties and consequences. A key provision allows for the cancellation of a licence if a holder is found to be in breach of any condition endorsed on their licence (Regulation 9). Such a cancellation would effectively terminate the individual's ability to operate as a collector or dealer, compelling them to surrender their licence to the Commissioner. This provision underscores the seriousness with which the Regulations are to be observed, ensuring that wartime economic controls are enforced rigorously.

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