I am in receipt of your memorandum of the 30th January, 1940, No. P. 40/309, requesting advice whether Commonwealth Government Departments are bound by Prices Regulations Orders issued under the National Security (Prices) Regulations.

The general rule of construction is that a statute is presumed to be intended not to bind the Crown in the absence of express provision or necessary implication. This exemption extends to instrumentalities of the Crown such as a Department of State. In a Commonwealth enactment, however, the exemption applies only to the Crown in the right of the Commonwealth unless the contrary intention appears.

The National Security (Prices) Regulations do not contain any express provision and I have not been able to discover any evidence of an intention that the Commonwealth should be bound by implication.

I think, therefore, that any Order under the Regulations should be construed also as not applying to any Commonwealth Government Department.

[Vol. 33, p. 58]

(1) John Gilbert Buckley Castieau. Born 17 September 1892, Prahran, Victoria; died 1 October 1963, Windsor, Victoria. Appointed Commonwealth Attorney-General’s Department 1914. Secretary to Representatives of the Government in the Senate 1918–1922. Appointed Principal Legal Assistant 1924; Deputy Crown Solicitor 1929; Second Parliamentary Draftsman 1933. Secretary, Australian Delegation to Great Britain 1938. Assistant Secretary and Assistant Parliamentary Draftsman 1939–1946. Public Service Arbitrator 1946–1955. Appointed CBE 1959.