STATUTORY RULES.
1917. No. 94.
_________
REGULATION 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 Regulation under the War Precautions Act 1914-1916, to come into operation forthwith.
Dated this first day of May, 1917.
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
W. M. HUGHES,
for Minister of State for Defence.
___________
Amendment of the War Precautions (Supplementary) Regulations.
(Statutory Rules 1916, No. 97, as amended by Statutory Rules 1916, Nos. 112, 122, 128, 129, 135, 167, 218, 219, 250, 253, 254, 255, 263, 271, 272, 289, 293, 298, 300, 301, 303, 328, and Statutory Rules 1917, Nos. 12, 17, 37, 56, 65, and 73.)
Regulation 22 of the War Precautions (Supplementary) Regulations is amended by inserting after sub-regulation (9b) the following Regulation:—
“(9c). Where any such Board or person has made any orders, determinations or regulations with respect to coal, the Board or person may, if it or he thinks fit, make, in relation thereto, an order, determination or regulation providing for an increase of the price charged in any then existing contracts for the sale of iron or steel or manufactures thereof to an extent not exceeding the increased cost of production which the Board or person determines is attributable solely to orders, determinations or regulations made by the Board or person with respect to coal.”
________________
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
C.5352.—Price 3d.
Overview
The War Precautions (Supplementary) Regulations, 1917, No. 94, is a legislative instrument introduced to amend existing regulations under the War Precautions Act 1914-1916. Enacted by the Governor-General in Council, these regulations were designed to address the economic disruptions and increased costs of production arising from wartime conditions, specifically in relation to the prices of iron, steel, and their manufactures. The policy objective of this amendment was to enable the Board or relevant person to adjust prices to reflect increased production costs attributable to government-mandated coal regulations, ensuring that businesses could continue to operate without undue financial strain during the war effort. The regulation came into immediate effect, reflecting the urgency and necessity of addressing economic challenges posed by the ongoing conflict.
Scope and Application
The War Precautions (Supplementary) Regulations 1917, made under the War Precautions Act 1914-1916, extend their purview to any Board or individual who has issued orders, determinations, or regulations concerning coal. This regulation is specifically designed to address the economic impacts of price fluctuations in coal by allowing for corresponding adjustments in the prices of iron, steel, and related manufactured goods. This adjustment is permitted up to the extent of the increased production costs that are directly attributable to coal-related orders, determinations, or regulations. The scope of this legislation applies across the Commonwealth of Australia, indicating its nationwide reach. Notably, the regulation does not specify any exclusions or exemptions, implying that all entities and individuals falling within the described category are subject to its provisions. The regulation is comprehensive in its application, covering existing contracts for the sale of iron, steel, and manufactures thereof, thereby ensuring that price adjustments are permissible and within the legislative framework established by the War Precautions Act 1914-1916.
Key Provisions
The key operative section of this regulation (Regulation 22, sub-regulation (9c)) allows a Board or person authorised under the War Precautions Act 1914-1916 to adjust the prices of iron, steel, or their manufactured products in existing contracts. This adjustment is permitted if it is deemed necessary to cover increased production costs that are specifically attributable to any previous orders, determinations, or regulations concerning coal made by the same Board or person. This provision is intended to ensure that the costs associated with the coal-related regulations are adequately reflected in the prices of related products, maintaining economic balance amidst wartime exigencies.
The regulation imposes several obligations on the parties involved. Firstly, it mandates that any Board or person who has issued orders, determinations, or regulations regarding coal must evaluate the impact of these directives on the production costs of iron, steel, or their manufactured products. If an increase in production costs is identified, they are required to make an order, determination, or regulation to adjust the prices in existing contracts. This adjustment must not exceed the determined increase in production costs and must be solely due to the coal-related orders, determinations, or regulations.
Failure to comply with this regulation can result in legal consequences. Although the specific offences and penalties are not detailed within this regulation, breaches of similar wartime provisions under the War Precautions Act 1914-1916 can lead to criminal charges, fines, or imprisonment. The maximum penalties for such offences, as stipulated in the primary Act, can include substantial fines and imprisonment terms, reflecting the seriousness of non-compliance during a period of national emergency. It is essential for the parties involved to adhere strictly to the provisions to avoid any legal repercussions.