Willmore v Commonwealth [1945] HCA 33

70 C.L.R.] OF AUSTRALIA. 587

(HIGH COURT OF AUSTRALIA.)

WILLMORE AND ANOTHER. F 5 PLAINTIFFS ;

AND

THE COMMONWEALTH OF AUSTRALIA) D AND OTHERS . : ; : : Lif /EFENDANTS.

National Security—Prices Regulations — Declared service" —Power to Commissioner H, C, oF A. by order published in Gazette to " declare that the maximum rate at which any such 1945, service may be supplied . . . by any person shall be such rate as is fixed =~ . «+ by notice in writing to that person" —Necessity for identification, in MeLBouRNe, order published in Gazette, of person to be affected—National Security (Prices) Oct. 24, 25. Regulations (S.R, 1940 No, 176—1945 No. 113), reg. 23 (2) (b) (i)—Prices goo

Regulation Order No. 1015, par. 8. es

Regulation 23 (2) of the National Security (Prices) Regulations provides, 47 | inter alia, that the Prices Commissioner may, with respect to any declared Heb, Stari, ixon, service, from time to time, in his absolute discretion, by order published in MeTiernan, and

the Gazette (5) declare that the maximum rate at which any" (declared) "/¥*™* '9: "service may be supplied or carried on—{i) by any person shall be such rate as is fixed by the Commissioner by notice in writing to that person." Purport- ing to act in pursuance of this regulation, the Commissioner made and published in the Gazette Prices Regulation Order No. 1015, par. 8 of which was as follows :-— "Notwithstanding anything contained in this order, I fix and declare the maximum price or rate at which any goods or services specified in a notice given in pursuance of this paragraph may be sold or supplied by any person to be such price or rate as is fixed by me by notice in writing to that person."

Held that an order under reg. 23 (2) (b) (i) must identify the person to whom notice is to be given, and, therefore, that par. 8 of the Order in question was