PRICE FIXING: INCONSISTENCY
WHETHER COMMONWEALTH LEGISLATION FIXING PRICE OF BREAD ACCORDING TO EXACT WEIGHT OVERRIDES INCONSISTEN T STATE LEGISLATION
CONSTITUTION, ss. 51 (vi), 109: SALE OF BREAD ACT 1896 (TAS.): WAR PRECAUTIONS (PRICES) REGULATIONS 1916
The following memorandum from the Prices Commissioner, Hobart, has been transmitted to me for advice:
In conversation with the State Chief Health Officer, Dr Park, yesterday, he mentioned the matter of the weight of 'fancy' bread, i.e. bread baked in loaves separate from other loaves with crust on all sides of them.
The State Sale of Bread Act allows this bread to be sold in loaves of 14 ounces, 30 ounces and 60 ounces, respectively, as 1 lb, 2 lb, and 4 lb loaves, and the question that Dr Park desired information on was whether the Prices Regulations override this Act and make it compulsory for bakers to give full weight in 'fancy' as well as 'plain' loaves when charging fixed prices.
I am of the opinion that the sale of any loaf not containing full weight, when the regulation price is charged, is a contravention of the Regulations, but suggest that you obtain the opinion of the Crown Law Department on the subject before any pronouncement is made.
I instructed the inspector attached to my staff to purchase a 1 lb and a 2 lb 'fancy' loaf and weigh them; the result was that he obtained loaves weighing only 15 ounces and 29 ounces, respectively, in the case of the 1 lb and 2 lb loaf, for which regulation prices were charged.
If you support my view that full weight is required, I will forward full particulars with a view to a prosecution.
The price of bread in loaves of 1 lb, 2 lbs and 4 lbs having been fixed by Orders made under the War Precautions (Prices) Regulations, bread for which the full rate is charged, whether in 'fancy' or 'plain' loaves, must be of the full weight appropriate to the price as fixed in the Orders.
The Sale of Bread Act 1896 (Tasmania) cannot, in view of the provisions of the abovementioned Orders, be taken as an authority for the sale of 'fancy' loaves,as being of 1 lb or 2 lbs weight when actually of lesser weight, at the full prices allowed by the Orders.
[Vol. 15,p.371]