High Court of Australia
ae i
67 C.L.R.] OF AUSTRALIA.
[HIGH COURT OF AUSTRALIA.]
ARNOLD ; e 3 é : i - . APPELLANT ; InrorMant, AND HUNT. é 5 : 3 ' z . ResponDENT. DEFENDANT,
ON APPEAL FROM A COURT OF PETTY SESSIONS OF VICTORIA,
National Security—Regulations—Declared goods—Spirituous liquors—Maximum 1. C. ov A.
price—Fixation—Not effected in order—Reference to extraneous document— Compliance with regulation—Orders—Legislative or executive in character— National Security Act 1939-1940 (No. 15 of 1939—No. 44 of 1940), s. 5— National Security (Prices) Regulations (S.R. 1940 No. 176—1942 No. 513), reg. 23 (1), (1A).
Reg. 23 of the National Security (Prices) Regulations empowers the Common- wealth Prices Commissioner by order published in the Gazette to fix and declare the maximum price of any declared goods.
Held, by Rich, McTiernan and Williams JJ., that the price must be fixed and declared in the body of the order itself or in a schedule to the order and cannot be fixed by some extraneous document which is not part and parcel of the order.
Held, by Starke J., that the order in question in this case did not fix and declare a maximum price as required by the Regulations.
Semble, per Rich and Williams JJ. (McTiernan J. contra): An order made under reg. 23 of the National Security (Prices) Regulations is executive, and not legislative, in character.
McIver vy. Allen, (1943) 43 8.R. (N.S.W.) 266; 60 W.N. 158, referred to.
ORDER NISI to review.
An information was laid in the Court of Petty Sessions, Colling-
wood, Victoria, by Rupert Henry Arnold, a senior constable of police, against Bridget Hunt, under reg. 29 of the National Security (Prices) Regulations (Statutory Rules 1940 No. 176 as amended)
VoL, Lxvu, 28
1943, CS
Sypyry, Aug. 18.
Rich, Starke, McTiernan and Williams JJ.
430 HIGH COURT [1943.
H.C. or A. averring that she had contravened the said regulation in that
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