New South Wales Consolidated Acts

PRICES REGULATION ACT 1948 - SECT 49

49 Power to requisition goods

(1) Where the Minister, after receipt of a report from the Tribunal, is satisfied that it is necessary or expedient so to do in order to ensure the fair distribution of goods amongst all members of the community, he or she may, by notice published in the Gazette or given to any person or persons, direct all or any persons who, whether as owners or otherwise, have in their possession or under their control any specified goods to retain and hold the goods, or a specified quantity thereof, for and on behalf of His Majesty.

(2) Upon the publication or giving of the notice, the title to and property in the goods or the quantity thereof shall be divested from the owners thereof and become vested in His Majesty freed from any charge thereon and from any claim, contractual or otherwise, and the holders or owners of the goods shall thereupon be discharged from any other contractual engagements whatsoever in respect thereof; and the title and property of the owners shall be converted into a right to receive payment of the value of the goods or the quantity thereof as hereinafter provided.

(3) All such persons, and their agents and servants, shall, without delay, obstruction or objection, give immediate and peaceable possession of the goods or the quantity thereof to the Minister or to any authorised officer.

(4) The production of any document or telegram purporting to be a demand or an authority to demand such goods, or quantity thereof, and to be signed or sent by the Minister or the Tribunal shall be sufficient authority for the delivery of the goods, or quantity thereof, to which the document or telegram relates.

(5) The owner of the goods, or quantity thereof, shall be entitled to be paid therefor by the Minister:

(a) at such price as is mutually agreed upon, or

(b) in default of such agreement, at such price as is determined by the Tribunal after hearing the parties concerned.

(6) In the event of any doubt or dispute arising as to the person legally entitled to receive any moneys payable under this section or as to any charge thereon or claim in respect thereof, the Minister may, in default of agreement between the parties concerned, pay the same into the office of the Master in Equity, to abide such order as may be made by the Supreme Court.

(7) A person shall not, after the publication or giving of any notice:

(a) attempt to dispose of or in any way deal with the goods, or the quantity thereof, to the prejudice of His Majesty’s rights and powers under this section, or

(b) refuse to deliver, or delay, or obstruct the delivery as prescribed of the goods, or the quantity thereof.

(8) Where any goods have been acquired under the provisions of this section, the Minister may store, sell or otherwise dispose of the goods to such persons or bodies, and at such times, and in such manner, and upon such terms and conditions, as he or she thinks fit.