R v Regos and Morgan [1947] HCA 19

ra: ee ; ag SS eu 74 C.L.R.] OF AUSTRALIA. 613,

[HIGH COURT OF AUSTRALIA.} THE KING AGAINST REGOS AND MORGAN.

National Security—Price control—Offence—" Black marketing "—Statute—Construc- H. Gor ks: tion—* Bjusdem generis" —Regulation—Validity—Power to Governor-General ~~ y 44a, to declare "any act or thing done or omitted to be done or any conduct in contra- = 5 vention of " National Security Regulations to be "black marketing" —Keeping Mernounne, proper books and accounts—Black Marketing Act 1942 (No. 49 of 1942), ss. 3,4, May 19; 17 (a)—Defence (Transitional Provisions) Act 1946 (No. 77 of 1946)—Black June 9. Marketing Regulations (8.2. 1943, No. 274-1945, No. 114), req. 3—National | Security (Prices) Regulations (S.R. 1940, No. 176—1947, No. 36), reg. 49. Rich, Starke'

"and Section 3 of the Black Marketing Act 1942 provides that " black marketing " "Tiernan JJ.

shall mean any of the contraventions of the National Security Regulations specified in pars. (a) to (i) of the section " and includes any other act or thing done, or omitted to be done, or any conduct, in contravention of the Regulations, which is declared, by regulations made under this Act, to be black marketing."

Held that the generality of these words was not to be limited by construing them ejusdem generis with the specific matters mentioned in pars. (a) to (i).

Heli, therefore, that reg. 3 of the Black Marketing Regulations declaring it to be black marketing for any person to fail to comply with reg. 49 of the National Security (Prices) Regulations (relating to the keeping of proper books and accounts), was valid.

Case Srarep.

This was a case stated under s. 72 of the Judiciary Act 1903-1946 by Dixon J. for the consideration of the Full Court of the High Court, reserving two questions, only one of which is material to this report. The case, so far as it related to that question, was substan- tially as follows :—