War Precautions (Stocks of Goods) Regulations 1917

Legislation au C1917L00168 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1917. No. 168.

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

Dated this twenty-fifth day of July, 1917.

R. M. FERGUSON,

Governor-General.

By His Excellency’s Command,

G. F. PEARCE,

Minister of State for Defence.

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War Precautions (Stocks of Goods) Regulations.

Short title.

1. These Regulations may be cited as the War Precautions (Stocks of Goods) Regulations 1917.

Definition.

2. In these Regulations—

“Prescribed goods” means any goods which the Minister, by notice published in the Gazette, declares to be prescribed goods for the purpose of these Regulations generally or for the purpose of any particular regulation or regulations.

Licence to acquire or sell presented goods.

3. (1) No person, firm or company shall acquire or purchase any prescribed goods except with the consent in writing of the Minister in accordance with the provisions of a licence to acquire or purchase prescribed goods granted under the authority of the Minister and signed by a person duly authorized in that behalf by the Minister.

(2) No person, firm or company shall assign or sell prescribed goods except to a person, firm or company to whom or which a licence has been granted.

Return of stocks, &c., of prescribed goods.

4. (1) The Minister may, by notice published in the Gazette, require persons, firms or companies to furnish such returns of prescribed goods as he thinks necessary.

(2) Each return shall be accompanied by a Statutory Declaration as to the accuracy of the information contained therein.

(3) Any person, firm or company who or which fails to furnish a return as and when required by the Minister shall be guilty of an offence.

Minister may require person to sell prescribed goods.

5. (1) Where any person, firm or company is in possession of prescribed goods, that person, firm or company may be required by the Minister, by notice in writing served on the person, firm or company, to permit any other person, firm or company specified in the notice to take


delivery at any reasonable hour in the day-time upon payment or tender at the rate fixed in sub-regulation (2) of this regulation of such number or quantity of prescribed goods of such description as is specified in the notice.

(2) The rate fixed for the supply of prescribed goods in pursuance of this regulation shall be such amount as represents to the person, firm or company supplying them the cost to him or it of the goods plus such percentage on the cost as the Minister determines.

(3) In default of agreement between the person, firm or company supplying the goods and the person, firm or company taking delivery of them, as to the amount payable by the latter to the former in respect of any goods supplied in pursuance of this regulation, the amount shall be determined by the Minister.

(4) Any person, firm or company who or which, on being required in accordance with this regulation to permit any other person, firm or company to take delivery of any goods, fails to comply with the terms of the requisition shall be guilty of an offence.

(5) Goods supplied by any person, firm or company to any other person, firm or company in pursuance of this regulation shall be deemed to have been sold by the former to the latter at the rate fixed by this regulation, and no person, firm or company shall, without the consent in writing of the Minister, be entitled to institute or maintain any action or other proceeding in respect of the supply by him or it of the goods.

Minister may prohibit use of prescribed goods.

6. (1) The Minister may, by notice published in the Gazette, prohibit, either absolutely or without his consent or the consent of a person duly authorized in that behalf by the Minister, the use of prescribed goods for any purpose or purposes specified in the notice.

(2) After a notice has been published in the Gazette in pursuance of this regulation any person, firm or company who or which uses prescribed goods for any purpose or purposes specified therein shall be guilty of an offence.

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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.

C.9682.—Price 3d.

 

Overview

The War Precautions (Stocks of Goods) Regulations 1917 were enacted to provide the Commonwealth with greater control over essential goods during World War I, ensuring their availability for the war effort. Made under the authority of the War Precautions Act 1914–1916, these regulations were introduced by the Governor-General in Council, reflecting the urgency and gravity of the situation. The key objective of these regulations was to regulate the acquisition, sale, and use of specified goods, requiring written consent from the Minister for such transactions and allowing the Minister to requisition goods from holders and dictate their use or sale under certain conditions. Failure to comply with these provisions was subject to penalties, underscoring the stringent measures adopted to manage critical resources during wartime.

Scope and Application

The War Precautions (Stocks of Goods) Regulations 1917, made under the War Precautions Act 1914–1916, apply across the Commonwealth of Australia and govern the acquisition, sale, and use of goods deemed as prescribed by the Minister. These regulations primarily target individuals, firms, and companies, ensuring that any transactions involving prescribed goods must be approved by the Minister, who can issue written consent through a licence. The Minister also has the authority to require the reporting of stocks and the disclosure of such goods to specified parties at rates determined by the Minister. The regulations extend their reach by allowing the Minister to prohibit the use of certain goods for specified purposes through notices published in the Gazette, with non-compliance considered an offence. These provisions illustrate the broad jurisdictional reach and stringent controls implemented during wartime to manage critical resources effectively.

Key Provisions

The War Precautions (Stocks of Goods) Regulations 1917 outline specific provisions under the War Precautions Act 1914–1916. These regulations govern the acquisition, sale, and use of prescribed goods, which are defined as any goods declared by the Minister through a notice in the Gazette (section 2). Persons, firms, or companies must obtain a written licence from the Minister to acquire or sell these prescribed goods (section 3). Additionally, the Minister has the authority to require entities to submit returns of stocks of prescribed goods, which must be accompanied by a statutory declaration of accuracy (section 4). Failure to comply with these requirements is an offence. These regulations impose several obligations on individuals and entities. Firstly, the acquisition or sale of prescribed goods is strictly controlled, requiring explicit ministerial consent through a written licence (section 3). Entities must also furnish returns of prescribed goods as required by the Minister and ensure these returns are accurate (section 4). Furthermore, if the Minister mandates the sale of prescribed goods to another entity, the original holder must comply with this directive, and failure to do so constitutes an offence (section 5). The Minister also has the power to prohibit the use of prescribed goods for specified purposes, and any contravention of such prohibitions is an offence (section 6). Violating the provisions of these regulations can lead to civil and criminal consequences. For instance, failing to obtain the necessary licence to acquire or sell prescribed goods is an offence (section 3). Not submitting required returns of stocks of prescribed goods also constitutes an offence (section 4). Moreover, if a person, firm, or company refuses to permit the delivery of prescribed goods as directed by the Minister, they are committing an offence (section 5). Similarly, using prescribed goods in a manner prohibited by the Minister's notice is an offence (section 6). The specific penalties for these offences are not detailed in the text, but they would typically be outlined in the relevant legislation or subsequent regulations.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.