National Security (Prices) Regulations

STATUTORY RULES.

1939. No. 110.

REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, in pursuance of the powers conferred by the National Security Act 1939, hereby make the following Regulations.

Dated this twenty eighth day of September, 1939.

(SGD.) GOWRIE.

Governor-General.

By His Excellency’s Command,

Signature of Geoffrey Street

Minister of State for Defence.

National Security (Prices) Regulations.

Short title.

1. These Regulations may be cited as the National Security (Prices) Regulations.

Definitions.

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

“authorized officer” means any person appointed by the Commissioner or a Deputy Commissioner to be an authorized officer for the purposes of these Regulations;

“declared goods” means any goods declared by the Minister, by notice in the Gazette, to be declared goods for the purposes of these Regulations;

“Deputy Commissioner” means a Deputy Prices Commissioner appointed by the Minister for the purposes of these Regulations;

“price” includes every valuable consideration whatsoever, whether direct or indirect;

“the Commissioner” means the Commonwealth Prices Commissioner appointed for the purposes of these Regulations;

“the Minister” means the Minister of State for Trade and Customs.

Appointment of Prices Commissioner.

3. The Governor-General may appoint a Commonwealth Prices Commissioner who shall hold office during the pleasure of the Governor-General and who shall have and may exercise such powers and functions as are conferred on him by these Regulations.

Salary of Commissioner.

4. The Commissioner shall be paid such remuneration by way of salary and allowances as the Minister determines.

Advisers.

5.—(1.) The Commissioner may, if he thinks fit, for the purposes of any investigation or inquiry, call in the aid of two advisers possessing expert or business knowledge.

* Notified in the Commonwealth Gazette on , 1939.

5271.—16/27.9.1939.—Price 8d.

(2.) The advisers shall be appointed by the Minister, and shall hold office during the pleasure of the Minister.

(3.) An adviser appointed in pursuance of the last preceding sub-regulation shall receive such remuneration for his services, and travelling allowance at such rates, as the Minister determines.

Appointment of Deputy Commissioners.

6.—(1.) For the purposes of these Regulations, the Minister may appoint in each State, and in each Territory being part of the Commonwealth, a Deputy Prices Commissioner, who shall hold office during the pleasure of the Minister.

(2.) A Deputy Commissioner shall be paid such remuneration by way of salary and allowances as the Minister determines.

(3.) It shall be the duty of each such Deputy Commissioner to furnish reports and make recommendations to the Commissioner upon all matters referred to him by the Commissioner, and upon such other matters arising under these Regulations as he thinks fit.

Declaration of secrecy.

7.—(1.) The Commissioner, and each Deputy Commissioner, adviser and person exercising any power or performing any duty under these Regulations shall, before entering on his duties under these Regulations, sign a declaration of secrecy in accordance with Form A in the Schedule to these Regulations.

(2.) All declarations of secrecy under these Regulations shall be lodged with, and retained by, the Commissioner, or, if so directed by the Commissioner, by the Deputy Commissioner in the State in which the person making the declaration is employed.

(3.) Any person 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 official position, shall be guilty of an offence.

Powers of Commissioner and Deputy Commissioners.

8.—(1.) The Commissioner, each Deputy Commissioner, and any officer thereto authorized in writing by the Commissioner shall severally have power to—

(a) summon witnesses;

(b) take evidence on oath; and

(c) require the production of documents, books and papers.

(2.) Witnesses summoned in pursuance of sub-regulation (1.) of this regulation may be paid such fees and allowances as are fixed by the Governor-General.

Affirmation in lieu of oath.

9.—(1.) Where any witness to be examined by the Commissioner, a Deputy Commissioner or an officer authorized by the Commissioner under the last preceding section conscientiously refuses to take an oath, he may make an affirmation that he conscientiously objects to take an oath and that he will state the truth, the whole truth and nothing but the truth, to all questions asked him.

(2.) An affirmation so made shall be of the same force and effect, and shall entail the same liabilities, as an oath.

Power to enter premises and inspect documents.

10.—(1.) The Commissioner, a Deputy Commissioner or any authorized officer may enter upon and search any premises and inspect any documents, books and papers and may inspect and take samples of any stocks of declared goods or of any other goods.

(2.) The Commissioner or a Deputy Commissioner or any authorized officer may impound or retain any documents, books and papers produced to him or inspected by him in pursuance of this regulation and may make copies or abstracts of those documents, books and papers, or of any entries therein, but the person entitled to those documents, books and papers, shall, in lieu thereof, be entitled within a reasonable time to a copy certified as correct by the Commissioner or a Deputy Commissioner, and such certified copy shall be received in all Courts as evidence and as of equal validity to the original.

Power to obtain information.

11.—(1.) The Commissioner, a Deputy Commissioner or an authorized officer may require any person—

(a) to furnish him with such information as he requires; or

(b) to answer any question put to him,

in relation to any matter arising under these Regulations.

(2.) Any person who, when so required under sub-regulation (1.) of this regulation—

(a) refuses or fails to furnish any information or to answer any question; or

(b) gives any information or makes any answer which is false in any particular,

shall be guilty of an offence.

Failure of witness to appear.

12. Any person who, having been summoned as a witness before the Commissioner or a Deputy Commissioner, fails, without lawful excuse, to appear in obedience to the summons, shall be guilty of an offence.

Failure to be sworn, produce documents, or answer questions.

13. Any person who, having appeared as a witness before the Commissioner or a Deputy Commissioner, whether summoned so to appear or not, refuses, without lawful excuse, to be sworn, or to make an affirmation, or to produce documents, books and papers, or to answer questions which he is lawfully required to answer, shall be guilty of an offence.

Preventing Commissioner, Deputy Commissioner or authorized officer from entering premises, &c.

14. Any person who prevents or attempts to prevent the Commissioner, a Deputy Commisisoner, or an authorized officer, from entering upon any premises, or inspecting any documents, books and papers, or inspecting or taking samples of any stocks of any declared goods, or any other goods, or from making copies or abstracts of any documents, books and papers, or of any entries therein, shall be guilty of an offence.

Commissioner or Deputy Commissioner may require returns to be furnished.

15.—(1.) The Commissioner or a Deputy Commissioner may, by notice, require any person who is a producer, manufacturer, distributor or seller (whether wholesale or retail) of any goods to furnish to him, or to an authorized officer, within a specified time and in a specified form, a return setting forth to the best of the person’s knowledge and ability the following particulars or such of them as are specified in the notice, namely:—

(a) the quantity of any goods in his possession or under his control at a specified date;

(b) the cost to that person of those goods;

(c) the methods and principles in accordance with which he arrives at that cost;

(d) where the maximum price of the goods has not been fixed in pursuance of these Regulations, the prices, wholesale or retail, at which, and conditions on which, he has sold, sells or proposes to sell the goods;

(e) the price, wholesale or retail, charged by the person on the thirty-first day of August, 1939, or such other date as the Commissioner or a Deputy Commissioner specifies, for the goods and the conditions of any such sale; and

(f) such further particulars as are specified in the notice.

(2.) The notice may be either a notice given to such person individually or a notice to such persons or a class of such persons generally; and such last-mentioned notice shall be published in the Gazette and in such newspapers (if any) as the Commissioner or a Deputy Commissioner directs.

(3.) The return shall be verified by statutory declaration.

(4.) Any return furnished by any person under this regulation shall, in any proceedings under these Regulations, be admissible in evidence against that person.

(5.) Any person who—

(a) fails to comply with any of the requirements of any such notice; or

(b) wilfully furnishes any false or misleading return,

shall be guilty of an offence.

Proclaimed areas.

16.—(1.) For the purpose of these Regulations, the Commissioner may, from time to time, by notice in the Gazette, declare that any area specified by him shall, for the purposes of these Regulations, be a proclaimed area or part of a proclaimed area, and thereupon the area shall, so long as the declaration remains in force, be deemed to be a proclaimed area or part thereof, as the case may be.

(2.) The Commissioner may, from time to time, by notice in the Gazette, declare that any proclaimed area, or any part thereof, shall cease to be a proclaimed area, or part thereof (as the case may be), and thereupon such area or part shall cease to be a proclaimed area or part thereof, as the case may be.

Power to declare goods.

17.—(1.) The Minister may, by notice in the Gazette, declare any goods to be declared goods for the purposes of these Regulations.

(2.) Any such notice may, by notice in the Gazette, be amended, varied or revoked by the Minister.

Determination of maximum prices, &c.

18.—(1.) The Commissioner may, from time to time, in his absolute discretion, by order published in the Gazette—

(a) fix and declare—

(i) the maximum price at which any declared goods may be sold;

(ii) different maximum prices according to differences in quality or description or in the quantity sold, or in respect of different forms, modes, conditions, terms, or localities of trade, commerce, sale or supply;

(iii) different maximum prices for different parts of the Commonwealth, or in different proclaimed areas;

(iv) maximum prices on a sliding scale;

(v) maximum prices on a condition or conditions;

(vi) maximum prices for cash or for delivery, and in either case inclusive or exclusive of the cost of packing;

(vii) maximum prices on landed or other cost, together with a percentage thereon or a specified amount, or both; and

(viii) maximum prices according to or upon any principle or condition specified by the Commissioner;

(b) in fixing and declaring any maximum price, do so relatively to such standards of measurement, weight, capacity, or otherwise howsoever as he thinks proper, or relatively to prices charged by individual traders on any date specified by the Commissioner, with such variations (if any) as in the special circumstances of the case the Commissioner thinks fit, or so that such price shall vary in accordance with a standard, or time, or other circumstance, or shall vary with profits or wages, or with such costs as are determined by the Commissioner; and

(c) vary any maximum price previously fixed by him.

(2.) Notwithstanding anything contained in these Regulations, the Minister may request the Commissioner to consider further any matter dealt with by any order made under this regulation, or any part of any such order, and the Commissioner shall, within twenty-eight days from the date of any request so made, report thereon to the Minister.

(3.) Notwithstanding anything contained in these Regulations, the Minister may, by notice in the Gazette, suspend the operation of any order made under this regulation, or any part of any such order, for a period not exceeding twenty-eight days from the date of his request.

(4.) Upon the publication of the notice, the maximum price (if any) which prevailed prior to the making of the order which has been suspended shall apply during the period of the suspension.

(5.) The Commissioner shall—

(a) within the period specified in the notice of suspension, report thereon to the Minister; and

(b) within such period, by order published in the Gazette, confirm, amend, vary or revoke the order or part so suspended in conformity with his report to the Minister,

and, on receipt of the report of the Commissioner, the Minister shall, by notice in the Gazette, remove the suspension.

(6.) The Commissioner may at any time by order published in the Gazette amend, vary or revoke any order made in pursuance of this regulation.

(7.) Every order made under this regulation shall take effect upon the date specified in the order or, if no date is so specified, upon the date of the publication of the Gazette containing it.

Wholesaler purchasing from wholesaler not to make profit.

19.—(1.) Notwithstanding anything contained in these Regulations, where in any order the maximum price chargeable by a wholesaler for the sale of any declared goods is based on the cost to a wholesaler plus either such percentage thereof or a specified amount, or both, as is specified in the order, or where in any such order a definite wholesale price is fixed, any wholesaler—in this regulation referred to as “the buyer”— who purchases any such goods from any other wholesaler—in this regulation referred to as “the seller”—shall not, unless the seller is registered by the Commissioner as a distributor or the buyer is registered as a semi-wholesaler under such conditions as are determined by the Commissioner, be entitled to charge a greater price therefor than the maximum price at which the wholesaler from whom he so purchased the goods was entitled to sell them, and any wholesaler who charges such a greater price shall be guilty of an offence.

(2.) For the purposes of sub-regulation (1.) of this regulation—

“distributor” means an agent for the sale of any goods to wholesalers;

“semi-wholesaler” means a person who sells or supplies any goods to another person for the purposes of consumption or use and also for re-sale.

Contravention of prices and rates.

20.—(1.) Any person who sells or offers for sale any declared goods at a greater price than the maximum price fixed, in relation thereto, under these Regulations, for the sale of those goods shall be guilty of an offence, and in case of sale shall be liable to refund to the purchaser the difference between the maximum price so fixed and the price at which the goods were sold.

(2.) For the purposes of this regulation, any person on whose behalf or at whose place of business any declared goods are sold or offered for sale at a greater price than the maximum price fixed, in relation thereto, under these Regulations, for the sale of those goods, whether the goods are sold or offered for sale contrary to the instructions of the person or not, shall be guilty of an offence.

(3.) In any proceedings for an offence against this regulation, evidence that the declared goods forming the subject of the proceedings were sold or offered for sale by, or on behalf, or at the place of business of, the defendant under a description answering to the description contained in the order of the Commissioner which the defendant is alleged to have contravened shall, as against the defendant, be prima facie evidence that the description under which the goods were sold or offered for sale is a correct description of the goods.

Purchasing at higher price.

21. Any person who, whether by way of premium or otherwise howsoever, purchases or offers to purchase any declared goods at a greater price than the maximum price fixed, in relation thereto, under these Regulations, for the sale of those goods shall be guilty of an offence.

Offering higher price to purchase.

22. Any person who—

(a) purchases or offers to purchase;

(b) holds himself out as being willing to purchase, or to offer to purchase, or as being willing or able to obtain a purchaser for; or

(c) offers to act in connexion with the purchase of,

any declared goods at a greater price (whether by way of premium or otherwise howsoever) than the maximum price fixed in relation thereto under these Regulations for the sale of those goods shall be guilty of an offence.

Meaning of “wholesale” and “retail”.

23. In any order made under these Regulations fixing the maximum price for the sale of any declared goods, the following expressions shall, unless the contrary intention appears in the order, have the meanings respectively assigned to them hereunder—

“landed cost” means the actual or estimated cost of landing the declared goods in the store in the Commonwealth of the person to or for whom, or on whose behalf, the declared goods were originally supplied or ordered;

“retail” used in relation to any such sale, shall be deemed to refer to a sale to a person for the purposes of consumption or use;

“wholesale” used in relation to any such sale, shall be deemed to refer to the sale or supply to a person for the purpose of re-sale (including, but without affecting the generality hereof, the sale or supply by an importer, manufacturer or producer to a wholesale or retail trader); and

the maximum price fixed shall be deemed to include any charge for wrapping the goods.

Refusal, &c. to sell at fixed prices.

24.—(1.) Any person who has in his custody or under his control any declared goods in respect of which a maximum price has been fixed under these Regulations, who refuses or fails on—

(a) demand of any quantity of the declared goods; and

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

to supply any such declared goods in the quantity demanded, shall be guilty of an offence.

(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 resonable quantity of the declared goods; or, after making reasonable provision for private consumption or use, had not a sufficient quantity of the declared goods 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 declared goods for use or consumption within the Commonwealth, and the ordinary requirements of his business;

(b) the defendant was a wholesale trader in the declared goods and the person who demanded to be supplied was not a retail trader therein, or in any declared goods made or partly made therefrom; or

(c) the defendant was acting in accordance with an established practice for the time being approved by the Commissioner.

(3.) For the purpose of determining what is a reasonable quantity of any declared goods within the meaning of this regulation, 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 declared goods demanded, either alone or with other goods.

Alteration of size of containers or quantity or ingredients of declared goods.

25.—(1.) Any person who, without the written consent of the Commissioner—

(a) packs or puts up any declared goods in a container of a size smaller than the container ordinarily used by him at the commencement of these Regulations;

(b) packs or puts up in a container a quantity of declared goods smaller than the quantity ordinarily packed or put up by him in a container of that size at the commencement of these Regulations;

(c) alters the formula or recipe ordinarily used by him at the commencement of these Regulations in the manufacture or production of any declared goods; or

(d) as regards any particular declared goods manufactures the declared goods inferior in quality to the quality manufactured by him or a predecessor in business on or immediately prior to the date of fixation, by order made under these Regulations or under any regulations made under the Defence Act 1903–1939, of the maximum price of those declared goods,

shall be guilty of an offence.

(2.) For the purposes of this regulation, proof that at the commencement of these Regulations any person, dealing in the ordinary course of trade in any declared goods in respect of which any proceedings have been instituted, sold or had for sale—

(a) any declared goods purporting to have been packed or put up by the defendant in a container of a certain size, shall be evidence that that was the size of the container ordinarily used by the defendant at the commencement of these Regulations in the packing or putting up of the declared goods;

(b) any declared goods purporting to have been packed or put up by the defendant in a container containing a certain quantity of the declared goods, shall be evidence that that was the quantity ordinarily packed or put up by the defendant at the commencement of these Regulations in a container of that size;

(c) any declared goods (purporting to have been manufactured or produced by the defendant) which appear by analysis or otherwise to have been manufactured or produced in accordance with a certain formula or recipe, shall be evidence that that formula or recipe was that ordinarily used by the defendant at the commencement of these Regulations in the manufacture or production of the declared goods.

(3.) It shall be a defence to a prosecution for an offence against the provision of paragraph (c) of sub-regulation (1.) of this regulation if the defendant proves that—

(a) the alteration in the formula or recipe was not made in anticipation or consequence of any action under these Regulations in respect of the declared goods the formula or recipe of which was altered; and

(b) the declared goods manufactured or produced in accordance with the formula or recipe as altered were a superior article to that manufactured or produced prior to the alteration.

Speculating in goods.

26.—(1.) Any person, not being a bona fide wholesale or retail trader or a bona fide consumer or user, who purchases or agrees to purchase or otherwise acquire (except by way of bona fide security only) any goods or any right or interest therein, shall be guilty of an offence, and the goods so purchased or agreed to be purchased or acquired shall be liable to forfeiture as provided in these Regulations.

(2.) In any prosecution for an offence against the last preceding sub-regulation it shall be a sufficient defence to show that the purchase or agreement had not the object or the effect of increasing, directly or indirectly, the price of the goods to the consumer or user.

(3.) This regulation shall not apply in relation to the sale of goods by auction upon the winding up of a business.

Corners and restrictions on circulation of goods.

27.—(1.) Any person who, with intent to corner the market or restrain trade therein, holds or buys up any goods and stores or retains them in his possession or under his control, whether the maximum price thereof has or has not been fixed and declared under these Regulations, shall be guilty of an offence.

(2.) In addition to any penalty that may be imposed under sub-regulation (1.) of this regulation, the Court may order that the whole of such goods, or such quantity thereof as the Court so orders, shall be forfeited to the Crown.

(3.) When any goods have been so forfeited, any authorized officer, or any member of the police force of the Commonwealth, or of a State or Territory, may—

(a) seize any goods which he has reasonable cause to believe are forfeited under these Regulations;

(b) store any such goods in any place approved by the Commissioner or a Deputy Commissioner for the purpose; and

(c) sell or otherwise dispose of the goods to such persons or bodies and at such times and in such manner, and upon such terms and conditions, as the Minister directs.

Forfeiture of goods by Minister.

28. If the Minister, upon report by the Commissioner, is satisfied that any person—

(a) is buying up or storing or retaining in his possession or under his control any goods, whether a maximum price thereof has or has not been fixed under these Regulations, with intent to corner the market or to restrain trade therein; or

(b) has in his possession or under his control any such goods, and has failed, on demand and tender of the maximum price, to supply in accordance with the provisions of regulation 24 of these Regulations any particular person or persons with those goods; or

(c) not being a bona fide wholesale or retail trader or a bona fide consumer or user, has purchased or agreed to purchase or acquire any such goods in breach of regulation 26 of these Regulations,

the Minister may make an order that the goods be forfeited; and upon publication of the order in the Gazette the whole of the goods, or such quantity thereof as is specified in the order, shall be forfeited to the Crown.

Seizure and disposal of forfeited goods.

29. When any goods have been so forfeited, any authorized officer, or any member of the police force of the Commonwealth, or a State or Territory, may—

(a) seize any goods which he has reasonable cause to believe are forfeited under these Regulations;

(b) store any such goods in any place approved by the Commissioner or a Deputy Commissioner for the purpose; and

(c) sell or otherwise dispose of the goods to such persons or bodies and at such times and in such manner and upon such terms and conditions, as the Minister directs.

Payment to former owner of whole or portion of proceeds of sale.

30. When any forfeited goods have been sold under paragraph (c) of sub-regulation (3) of regulation 27, or under paragraph (c) of regulation 29, of these Regulations, the Minister may, under special circumstances, direct that the whole or any portion of the proceeds of the sale of the goods, less any expenses incurred in connexion with their seizure, storage and sale, be returned to the person who was the owner of the goods prior to their forfeiture.

Power to search for goods.

31. Any authorized officer or any member of the police force of the Commonwealth, or a State or Territory, may at any time in the day or night enter into and search any premises or vessel or part thereof, where any goods forfeited or liable to seizure under these Regulations are, or are supposed to be, and, if necessary for that purpose, may break into and use force to enter such premises or vessel or part, and may break open and search any chests, trunks, packages, or other things in which any such goods are or are supposed to be.

Power to requisition goods.

32.—(1.) Where the Minister, after receipt of a report from the Commissioner, is satisfied that it is necessary or expedient so to do in the interests of the public safety, the defence of the Commonwealth, or the efficient prosecution of the war, or for maintaining supplies and services essential to the life of the community, he may, by notice published in the Gazette or given to any person or persons, direct all or any persons who, whether as owners or otherwise, have in their possession or under their control any specified goods to retain and hold the goods, or a specified quantity thereof, for and on behalf of His Majesty.

(2.) Upon the publication or giving of the notice, the title to and property in the goods or the quantity thereof shall be divested from the owners thereof and become vested in His Majesty freed from any charge thereon and from any claim, contractual or otherwise, and the holders or owners of the goods shall thereupon be discharged from any other contractual engagements whatsoever in respect thereof; and the title

and property of the owners shall be converted into a right to receive payment of the value of the goods or the quantity thereof as hereinafter provided.

(3.) All such persons, and their agents and servants, shall, without delay, obstruction or objection, give immediate and peaceable possession of the goods or the quantity thereof to the Minister or to any authorized officer.

(4.) The production of any document or telegram purporting to be a demand or an authority to demand such goods, or quantity thereof, and to be signed or sent by the Minister or the Comptroller-General of Customs shall be sufficient authority for the delivery of the goods, or quantity thereof, to which the document or telegram relates.

(5.) The owner of the goods, or quantity thereof, shall be entitled to be paid therefor by the Minister—

(a) at such price as is mutually agreed upon; or

(b) in default of such agreement, at such price as is determined by the Commissioner after hearing the parties concerned.

(6.) In the event of any doubt or dispute arising as to the person legally entitled to receive any moneys payable under this regulation or as to any charge thereon or claim in respect thereof, the Minister may, in default of agreement between the parties concerned, pay the same into the office of the Master in Equity or other proper officer of the Supreme Court of the State or Territory, in which the goods were acquired by the Minister to abide such order as may be made by the Supreme Court of that State or Territory.

(7.) Any person who, after the publication or giving of any notice—

(a) attempts to dispose of or in any way deal with the goods, or the quantity thereof, to the prejudice of His Majesty’s rights and powers under this regulation; or

(b) refuses to deliver, or delays, or obstructs the delivery as prescribed of the goods, or the quantity thereof,

shall be guilty of an offence.

(8.) Where any goods have been acquired under the provisions of this regulation, the Minister may store, sell or otherwise dispose of the goods to such persons or bodies, and at such times, and in such manner, and upon such terms and conditions, as he thinks fit.

Lists of fixed prices to be exhibited in shops.

33.—(1.) Upon the declaration of any proclaimed area in pursuance of regulation 16 of these Regulations, the Commissioner may require any person who, in any proclaimed area, sells or has for sale, by retail, any declared goods the maximum price of which is fixed in that area by or under these Regulations, to exhibit in a prominent position in his shop a notice in accordance with Form B or Form C in the Schedule to these Regulations as is applicable to the case setting forth such of the particulars relating to each such declared goods as are required by this regulation.

(2.) The notice shall be exhibited in such a place in the shop, and be prepared in such a manner, as to be easily legible to persons desiring to make purchases at the shop.

(3.) The Commissioner or a Deputy Commissioner, or an authorized officer may, if in his opinion, the notice is not easily legible to persons

desiring to make purchases at the shop, direct that it be exhibited in such other place in the shop as he thinks fit, and the owner or person in charge of the shop shall forthwith cause it to be exhibited in such other place.

(4.) The notice required by this regulation to be exhibited shall set forth the following particulars:—

(a) In the case of a metropolitan area—

(i) the name of the declared goods; and

(ii) the maximum price fixed in that area for such declared goods; and

(b) In the case of a proclaimed area other than a metropolitan area (in this paragraph referred to as “the proclaimed area”)—

(i) the name of the declared goods;

(ii) the maximum price fixed in the proclaimed area for such declared goods, or, if the maximum price fixed is based upon the maximum price fixed in a metropolitan area plus cost of transport to the proclaimed area—

(a) the maximum price fixed in the metropolitan area for the declared goods;

(b) the cost of transport of the declared goods from the metropolitan area to the proclaimed area; and

(c) the maximum price consequently fixed in the proclaimed area for the declared goods,

or, if the retailer is allowed to add to the maximum price fixed in the proclaimed area a proportionate amount to cover the cost of transport to the shop of the declared goods—

(a) the maximum price fixed in the proclaimed area for the declared goods;

(b) the cost of transport to the shop of the declared goods from the place where it was purchased by the retailer; and

(c) the maximum price which the retailer is consequently entitled to charge in the proclaimed area for the declared goods.

(5.) Where the maximum price at which any declared goods may be sold in any proclaimed area is fixed or altered, the fixation or alteration shall be notified not later than—

(a) in the case of a metropolitan area, the time at which the shop is opened for business on the day next but one following the day upon which the fixation or alteration is notified; or

(b) in the case of an area other than a metropolitan area, the time at which the shop is opened for business seven days after the day upon which the fixation or alteration is notified, or, in the case of a part of a proclaimed area, such further time as the Commissioner, by notice published in the Gazette, allows.

(6.) The Commissioner, a Deputy Commissioner, or an authorized officer may at any time, by notice in writing, require the owner or person in charge of any shop to furnish him with a copy of any notice purporting to be exhibited in pursuance of this regulation, such copy to be certified by the owner or person in charge as a true copy of the notice exhibited at his shop with his authority.

(7.) Any person who refuses or fails to exhibit any notice required by, or to comply with any direction or requirement given or made under this regulation, or who exhibits a notice which is incorrect or incomplete in any particular, shall be guilty of an offence.

Delegation by Commissioner.

34.—(1.) The Commissioner may, by writing under his hand, delegate any of his powers and functions under these Regulations (except this power of delegation) in relation to any matter or class of matters so that the delegated powers and functions may be exercised by the delegate with respect to the matter or class of matters specified in the instrument of delegation.

(2.) Any delegation by the Commissioner under this section shall be revocable in writing at will and no delegation shall prevent the exercise of any power or function by the Commissioner.

Continuance in force of orders made under Defence (National Security—General) Regulations.

35.—(1.) Any order made by the Minister under the Defence (National Security—General) Regulations shall have the force of law and continue in force as if it had been made under these Regulations.

(2.) Any such order may be amended, varied or revoked by order made under these Regulations.

(3.) Where any such order is revoked by order made under these Regulations, section eight of the Acts Interpretation Act 1901–1937 shall apply to the first-mentioned order as if that order were an Act to which section eight of that Act applies.

Saving of power of States to fix prices of other goods.

36. Nothing in these Regulations or in any order made thereunder shall affect the power of any State to fix the maximum price of any declared goods, the maximum price of which has not been fixed under these Regulations, and unless or until a maximum price in respect of those declared goods has been fixed under these Regulations, any price fixed by any authority of a State as the maximum price of those declared goods shall have and continue to have effect as if these Regulations had not been made.

Books, accounts, &c, to be kept and preserved.

37.—(1.) Every person who is a wholesale or retail trader shall, for the purposes of these Regulations, keep proper books and accounts, and shall preserve those books and accounts, including all copies of invoices, and all vouchers, relating to his purchases and sales of prescribed goods, until the expiration of a period of six months after the termination of the present war or in the case of any classes of books, accounts, copies of invoices or vouchers, until their destruction is authorized by the Commissioner.

(2.) In this regulation “prescribed goods” means goods—

(a) which are or were at the time of sale by the trader declared goods within the meaning of these Regulations; or

(b) which are or were at the time of sale by the trader essential articles within the meaning of the Defence (National Security—General) Regulations, and in respect of which a maximum price has been fixed under those Regulations.

Validation of Acts done by person appointed as Commissioner.

38. Where, during the period commencing on the thirty-first day of August, 1939, and ending on the date of his appointment as Commissioner under these Regulations, the person who purported to act as Commissioner during that period made any order or did any act or thing which could have been validly made or done if these Regulations had been in force throughout that period, that order, act or thing shall be deemed to be as valid and effectual as if these Regulations had been in force on that date, and the order, act or thing had been made or done in pursuance of these Regulations.

THE SCHEDULE.

Commonwealth of Australia.

Form A.

National Security (Prices) Regulations.

Declaration of Secrecy.

I, of in the State/Territory 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

this day of , 1939.

Before me—

..........................

Justice of the Peace for

Commissioner for taking Affidavits.

Commissioner for Declarations.

Commonwealth of Australia.

Form B.

National Security (Prices) Regulations.

Maximum Prices proclaimed in the Metropolitan Area of

The Schedule—continued.

Commonwealth of Australia.

Form C.

National Security (Prices) Regulations.

Maximum Prices proclaimed in the Area.

<table cellspacing="0" cellpadding="0" style="width:100%; margin-bottom:0pt; border-collapse:collapse"><tbody><tr style="height:1pt"><td rowspan="2" style="width:19.6%; border-top:0.75pt solid #000000; border-right:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:1.62pt; padding-left:2pt; vertical-align:middle"><p style="margin-top:3pt; margin-bottom:3pt; text-align:center; line-height:normal"><span style="font-family:'Times New Roman', serif">Name of Declared Goods.</span></p></td><td rowspan="2" style="width:20.14%; border:0.75pt solid #000000; padding-right:1.62pt; padding-left:1.62pt; vertical-align:middle"><p style="margin-top:3pt; margin-bottom:3pt; text-align:center; line-height:normal"><span style="font-family:'Times New Roman', serif">*Maximum Prices Fixed in this Area.</span></p></td><td colspan="3" style="border-top:0.75pt solid #000000; border-left:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:2pt; padding-left:1.62pt; vertical-align:middle"><p style="margin-top:3pt; margin-bottom:3pt; text-align:center; line-height:normal"><span style="font-family:'Times New Roman', serif">Where Price in Area is Fixed on Basis of Price in Metropolitan Area Plus Cost of Transport.</span></p></td></tr><tr style="height:44.6pt"><td style="width:19.9%; border:0.75pt solid #000000; padding-right:1.62pt; padding-left:1.62pt; vertical-align:middle"><p style="margin-top:3pt; margin-bottom:3pt; text-align:center; line-height:normal"><span style="font-family:'Times New Roman', serif">Maximum Prices Fixed in Metropolitan Area.</span></p></td><td style="width:20.14%; border:0.75pt solid #000000; padding-right:1.62pt; padding-left:1.62pt; vertical-align:middle"><p style="margin-top:3pt; margin-bottom:3pt; text-align:center; line-height:normal"><span style="font-family:'Times New Roman', serif">Cost of Transport from Metropolitan Area to this Area.</span></p></td><td style="width:20.2%; border-top:0.75pt solid #000000; border-left:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:2pt; padding-left:1.62pt; vertical-align:middle"><p style="margin-top:3pt; margin-bottom:3pt; text-align:center; line-height:normal"><span style="font-family:'Times New Roman', serif">Maximum Price Fixed in this Area.</span></p></td></tr><tr style="height:112.3pt"><td style="width:19.6%; border-top:0.75pt solid #000000; border-right:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:1.62pt; padding-left:2pt; vertical-align:top"><p style="margin-bottom:0pt; text-align:justify; line-height:normal"><span style="font-family:'Times New Roman', serif"></span></p></td><td style="width:20.14%; border:0.75pt solid #000000; padding-right:1.62pt; padding-left:1.62pt; vertical-align:top"><p style="margin-bottom:0pt; text-align:justify; line-height:normal"><span style="font-family:'Times New Roman', serif"></span></p></td><td style="width:19.9%; border:0.75pt solid #000000; padding-right:1.62pt; padding-left:1.62pt; vertical-align:top"><p style="margin-bottom:0pt; text-align:justify; line-height:normal"><span style="font-family:'Times New Roman', serif"></span></p></td><td style="width:20.14%; border:0.75pt solid #000000; padding-right:1.62pt; padding-left:1.62pt; vertical-align:top"><p style="margin-bottom:0pt; text-align:justify; line-height:normal"><span style="font-family:'Times New Roman', serif"></span></p></td><td style="width:20.2%; border-top:0.75pt solid #000000; border-left:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:2pt; padding-left:1.62pt; vertical-align:top"><p style="margin-bottom:0pt; text-align:justify; line-height:normal"><span style="font-family:'Times New Roman', serif"></span></p></td></tr></tbody></table>

* Note.—This column to be used only where a specific maximum price is fixed for the area. Where the maximum price for the area is ascertained by adding to the maximum price fixed in a metropolitan area the cost of transport to the proclaimed area, the other columns of the form must be used.

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.