Sensational High Court Decision Australia

Chronicle (Levin), 7 June 1949, Page 5

Sensational High Court Decision Australia

(N.Z.P.A.-

■Reuter,

Copyriffht)

Received Monday, 7.d0 p.m. SYDNEY, June 6. Chaotic conditions for motorists will probably follow the invalidation "by the full High Court in Melhourne, of the National Security Regulations controlling the rationing of liquid fuel.- The High Court held unanimously that there must "be a limit to the time wherein wartime powers could operate after a war ended, . It decided that there could he no fixed time but that it would have to decide in each case whether it was justiflahle to permit the Commonwealth, under defence powers, to continue to deal with subjects which otherwise fell within the exclusive province of the Australian States. The full High Court also deelared invalid other regulations under the National Security Act, dealing with the employment of women and with the rights of servicemen regarding the occupation of houses. The petrol case arose from the prosecution of William Cheyne Gall, of Brisbane, on a charge of obtaining 114 gallons of petrol otherwise than in a acordanee with the rationing regulations. The High Court today dismissed the charge. The provisional view at Canberra is that motorists will_ be entitled to demand petrol without coupons ^ but the Garage Proprietors' Associations are itelling members to continue to refuse to supply ' petrol unless coupons are surrendered, at least until the question is elarified. Meanwhile, those motorists who have not yet collected their June petroj fation, will not be able to get petrol without coupons and cannot obtain coupons beeause the issuing offices have j closed. "This will mean that unless the ordinary motorist has some influence with his garage, he will have the

greatest difficulty in getting any petrot at all," said the Canberra offieial. Hewever, petrol companies and garages believe that rationing will be left to themP Mr. Chifley refnsed to comment on the High Court 's decision, It was stated officially that the matter would be considered by the departments concerned, namely, Attorney-General 's, Trea^ury and Customs.. The Government will still be able to control the importation of petrol and ^ by this means meet Australia 's commitments to the United Kmgdom under the Empire doll ,r prch It r.ow has no way of ehsuring there is a fair distriDtuion to consumers within Australia. A departmental conference. wiM examine the possibility of seekmg tn». c^v^peration of petrol companies and vervice station proprietors in eontinuing ^noffieial rationing. This system was triel unsuccessfully in New

ealand last yea betore tne iuu remposition of ratioMug. Butter rationing, which was designed tc increase the ainount available for Britain, may be the noxt to go, according to Canberra correspondents. This follows the High Court 's general view that if Federal actions ara not relatable to defence, they must cease. Government officials admit that douht has been thrown on the validivy of other regulations, notahly those rationing butter and tea and that a challenge to either of these must have an excellent chance of sueceeding. Tea rationing is continued beeause the Government pays a subsidy to enahle it to he kept at a reasonable retail price. The Government intention is to continue to ration both commodities as long as possihle. The Federal Fuel and Shipping Minister, Senator Ashley, said the Government position would not be known until tomorrow but that the Government would still control petrol imports. A spokesman for the oil companies said that if the Government placed the. rationing onus on the companies, consumption would increase by no more than 10 per ceni There might be a rush to 30 per cent. in the first month but it would then fall. The immediate effeet of the judgment was an abrupt fall in the blackmarket price for coupons to 3d each, with no takers. Garages were besieged by motorists seeking petrol without coupons but most garagemen sold only two gallon's to each customer.