THE KING V. GILBEY

ORIGINALS

IN THE HIGH COURT OF AUSTRALIA.

REASONS FOR JUDGMENT.

Delivered at__.

$0358 A. H. Perrire Active Govt. Pane.

THE KING V._ GILBEY

~ JUDGMENT "LATHAM C.d.

The appellant was charged with an offence in that contary to the provisions of Regilation 51(c) of the National Security (Liquid Fuel). Regulations he did, without lawful excuse, have in his possession, otherwise than in accordance with the Regulations, five 10-gallon ration tickets. Regulation 51 (1) (c) provides that a person shall not "without lawful excuse, proof whereof shall lie upon him, have in his possession any counterfeit or forged ration tickets or licence or" (and these are the important words) "otherwise than in. accordance with the Regulations any ration ticket or licence." The Regulations provide for the issue of ration tickets to holders of motor spirit consumers licences - Regulation 21 (1) - "The holder of such a licence is entitled to obtain ration tickets corresponding to the monthly quantities of motor spirit authorised by his licence."

Sub-regulstion (2) of this Regulation then imposes upon the licensee the duty of endorsing in ink on the back of each ration ticket the number of the licence, ani where the consumer's licence is issued in respect of a road vehicle, the registration number of the vehicle and his signature.

Regulation 27 deals with the disposition of motor spirit in return for ration tickets. It provides, that a person shall not dispose of any motor spirit to the holder of a motor spirit consumer's licence unless (a) the licence /producea (bo) motor spirit ration tickets have been delivered corresponding to the quantity disposed of, and (c) before delivering the motor spirit he verifies the particulars required by sub-regulation (2) of regulation 21 of these regulations to be endorsed .on the back of each ration ticket by comparing each ticket with the licence, and in