THE REGULATIONS

Evening Post, Volume CXXXIV, Issue 145, 16 December 1942, Page 4

THE REGULATIONS

RENTS, WAGES,

PRICES

"BLACK MARKET" PENALTIES

Emergency regulations dealing with the economic stabilisation policy were issued last night. The Minister of Industries and Commerce (Mr. Sullivan) is charged with the general administration of the regulations. They provide for the setting up of an Economic Stabilisation x Commission having the powers of a Commission of Inquiry and the appointment of a Director of Stabilisation as' the chief executive officer. The regulations relating to stabilisation of rents bind the Crown, and cover all business and fanning rents; for example, all types of real property other than those at present included in the Fair Rents Act and its amendments. New bodies to be called Rents Commissions are to be set up, and. the Courts may refer rent applications to them for investigation. Commissions will be authorised to act both under the Fair Rents Act and under these regulations. The. regulations prohibit the charging of any rent in excess of the rent payable on September 1, 1942, unless a fair rent has .been fixed, in which case it is an offence to charge more than the fair rent. If a property was not let on .September 1, 1942, then the basic rent will be the rent last payable before that date, and in the case of a property first let after September 1, 1942, the basic rent is the-rent first payable. Any amount in excess of the basic rent or fair rent that has been paid may be recovered within a period of six months or may within the same period be deducted from rent accruing. i Jurisdiction is given to the Magistrate's Court where the rent is £10 a week or less, or where the parties agree to accept the determination of the Magistrate. All other applications are to be made to the Supreme Court, Either the landlord or the tenant may at any time apply to have the fair rent fixed, and the landlord may apply even though the property is not then occupied. If the Court fixes a fair rent lower than the basic rent payable on September 1, 1942, the landlord must reduce the rent, and if the fair rent is fixed higher than the basic rent the' landlord may increase the rent. In dealing with applications for a fair rent to be fixed, the Court will disregard the particular circumstances of the landlord and tenant, and also any increase in values since September 1. 1939, but will take into account the general purpose of stabilisation, any improvements made to the property, and any other relevant matters. It will be an offence for any person to demand or accept a premium from a tenant in consideration of granting him a tenancy or renewal of tenancy, and it will also be an offence for any outsider to demand or accept a premium for obtaining a tenancy for another person. A charge, fo? chattels included in the tenancy of a property in excess of their fair value is also an offence. It will not be possible for a tenant .to contract out of the regulations, but if landlord and tenant agree in writing, as to the rent of any property and that agreement is approved by a Rents Commission that figure becomes the fair rent. ' . Immediately after the commencement of these regulations every landlord of any type of property, whether a dwelling or a business or farming lease, must keep, a register' giving a aescrip-

tion-of the premises, the name of the] tenant, the dates. when the tenancy' commences and terminates, the rent payable and any alterations made to it, the basic rent of the property, and any. fair rent that may have been fixed. ■ .' The register is to be produced for the inspection of any authorised person or a tenant upon demand; KATES OF REMUNERATION. Remuneration for the purposes of the regulations includes time and piece wages and overtime, and bonus and other special payments, and also includes allowances, fees, or commissions and every other emolument whether paid in money or not, travelling expenses, and directors' fees. The basic rate of remuneration is the rate actually being paid, for any particular position or employment at thja date ot the regulations. If the position happens to be vacant on that date the basic rate is the rate last paid, and where the position or employment is new the basic rate is the rate payable for a similar position or employment, either in the employer's own firm or in another firm. Where the basic rate is ascertained on the bases of a similar position notice must be given to the Conciliation Commissioner, who may decide the maximum rate that may be paid. Any amount paid during the previous year by way of bonus may be included ; as part of the remuneration. ' If there has been an increase in any rate of remuneration between November 15, 1942, and the date of the regulations, the Arbitration Court may make an order reducing the basic rate lo that paid/on November 15, 1942. It will be an offence for any employer to pay or for any employee to accept a higher rate of remuneration than the basic rate after the commencement of the regulations, Exceptions to this rule will be:—(a) Where a higher rate may be prescribed by an award, an apprenticeship order, or industrial agreement,. made in ■ conformity ' with the regulations, subject to any general order for an increase or reduction in; wages; (b) any higher rate fixed by a contract or classification scheme made before the date of the regulations; (c) any higher rate approved by a Conciliation Commissioner. The Conciliation Commissioner may approve on the grounds of additional work or additional risk to life or health being involved, or where it is necessary to remove an anomaly. If a general order is made after, the date of the regulations increasing the rates payable under awards, the basic rate for every type of remuneration will be increased by •an appropriate amount. ■ . Appeals from any decision of a Con- j ciliation Commissioner may be made j to the Court of Arbitration within 21 j days. During the period of the war no variation will be made in the minimum rates of remuneration or the principal conditions of employment under any award, industrial agreement, or apprenticeship order, except such adjustment of anomalies as the Court thinks fit, having regard to the general purpose of economic stabilisation. WARTIME PEICES INDEX. The Minister will cause a new wartime prices index to be established in i order to record from December 15, 1942, any increases or reductions in the prices of the range of commodities and services included in the index. The j Government Statistician will publish j at the end of every quarter a state- j ment showing any movement in the index. If an increase of not less than 2J per cent, is shown in the index the Arbitration Court will make a general order, and thereafter a general order will be made as soon as there is an increase or reduction of 5 per cent, in the index. Under the Control of Prices Emergency Regulations, Amendment No. 3, local authorities are deemed to be included within the scope of the principal regulations and of the Price Stabilisation Emergency Regulations, and this gives the Price Tribunal authority over prices or charges fixed in respect of any goods sold or services rendered by local authorities'. Profiteering or selling goods at a price which is unreasonably high is defined as selling at a price which is calculated to produce more than a reasonable rate of commercial profit. The replacement cost of goods is not to be taken into account in assessing the rate of profit made. The penalty for both buyer and seller for the offence of profiteering is a minimum of £50 and a maximum of £1000, or imprisonment for six months, for an individual, and a minimum of £250 and a maximum of £.5000 for a company. "BLACK MARKETING." "Black marketing" is defined as a sale of any goods, ror the purposes of resale, to any person other than a retailer for the purposes of resale or a manufacturer for the purposes of his business unless the price conforms to the Price Order or general or special approval of the Price Tribunal. The penalty in this case for both buyer and seller is a minimum of £50 and a maximum of £1000, or imprisonment for six months for an individual and a penalty of a minimum of £250 and a maximum of £5000 for a company. The Court may also order the forfeiture of the goods involved. On the conviction of any person for the offence of selling any goods at a price exceeding the authorised price the Court may order the defendant to pay the excess into the War Expenses Account. Hire purchase agreements are brought within the scope of the regulations as at the date when the goods concerned are delivered to the purchaser. The hiring is deemed to be a sale as at that date and the purchasemoney will be taken as the total amount required to be paid by the purchaser (including any trade-in or other consideration provided by the purchaser). New goods which were not on the market at the outbreak of war are now brought within the scope of the regulations. The tribunal may declare any specified class of goods to be subject to the regulations and in such declaration the tribunal may prohibit absolutely or conditionally the sale of any of those goods until a Price Order has been made or a selling price has been approved. •It is now made an offence under the Price Stabilisation Regulations, 1939, to agree or offer to sell goods at a price in excess of the authorised price. "Offer to sell" includes publication of a price list, furnishing of a quotation, or the exposure of goods for sale with a price ticket attached or displayed m connection with the goods. , The present provision as to the keeping of price orders in shops for reference by customers is amended to provide that retailers must keep ,a copy of the price orders or a statement of the prices fixed in the orders prominently displayed in their shops so that customers may freely consult the price order or statement without having to obtain permission.