Victorian Chamber of Manufactures v Commonwealth (Prices Regulations) [1943] HCA 19

Cons

i Mel Bondneitk de j ISsociations par Gace) omen |, ioe lis v 87 ALR 527 Its) 2 x 67 C.L.R.] OF AUSTRALIA. 335

[HIGH COURT OF AUSTRALIA.]

THE VICTORIAN CHAMBER OF MANUFAC- Pine: TURES AND OTHERS Z ' : a 5

AND

THE COMMONWEALTH AND OTHERS . DEFENDANTS.

(PRICES REGULATIONS.)

Constitutional Law — Defence — National security — Prices control— Regulations — 44. og A. Validity—Power of Minister to declare "' any goods to be declared goods," " any 1943. service to be a declared service "—Declaration of '' all goods"? and "all services" Savers im Australia—The Constitution (63 & 64 Vict. c. 12), s. 51 (vi.)—National MevBourne, Security Act 1939-1940 (No. 15 of 1939—No. 44 of 1940), s. 5 (1)—WNational Security (Prices) Regulations (S.R. 1940 No. 176—1942 No. 513), regs. 22, 23,

The provisions of reg. 22 (1) and (2) of the National Security (Prices) Regula- tions empowering the Minister to "declare any goods to be declared goods " neem and "any service to be a declared service," for the purpose of the Regulations, Rich, Starke? are authorized by s. 5 (1) of the National Security Act 1939-1940 and are a > valid exercise of the defence power of the Commonwealth.

Declarations by the Minister of "all goods in the possession or under the control of any person in Australia" and of " all services supplied or carried on in Australia" (subject in each case to certain exceptions) are authorized by reg. 22 (1) and (2) respectively.

Per Latham C.J. and McTiernan J.: Regs. 22 and 23 of the National Security (Prices) Regulations are valid.

Demurrer.

The Victorian Chamber of Manufactures (which was incorporated in Victoria as a company limited by guarantee and the members of which included upwards of 200 manufacturers of women's and girls' outer wear) and several manufacturers of women's and girls' outer wear brought an action in the High Court against the Commonwealth, the Minister for Trade and Customs and the Commonwealth Prices Commissioner.