National Security (Allied Works) Regulations (Amendment) (Cth)

STATUTORY RULES.

1942. No. 170.

REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1940.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the National Security Act 1939-1940.

Dated this fourteenth day of April, 1942.

GOWRIE

Governor-General.

By His Excellency’s Command,

JOHN J. DEDMAN

for and on behalf of the Minister of State for Defence Co-ordination.

 

Amendments of National Security (Allied Works) Regulations.

1. Regulation 3 of the National Security (Allied Works) Regulations is repealed and the following regulation inserted in its stead:—

Definitions.

“3. In these Regulations—

‘member’ means a member of the Corps ;

‘the Corps’ means the Civil Constructional Corps established by the Director-General in pursuance of regulation 9 of these Regulations;

‘the Director-General’ means the Director-General of Allied Works appointed under regulation 4 of these Regulations;

‘works’ means works carried out in pursuance of these Regulations.”.

2. After regulation 8 of the National Security (Allied Works) Regulations the following regulations are inserted:—

Establishment of Civil Constructional Corps.

“9.—(1.) For the purpose of carrying out works in pursuance of these Regulations, the Director-General may establish a Civil Constructional Corps consisting of persons who volunteer and are accepted for service in the Corps and persons who are directed to serve in the Corps in pursuance of sub-regulation (2.) of this regulation.

 

*Notified in the Commonwealth Gazette on 14th April, 1942.

 Statutory Rules 1942, No. 88.

2740.—Price 3d.

(2.) The Director-General, or any person authorized by him to act under this regulation, may, in writing, direct any person to whom this regulation applies to serve in the Corps, and every person so directed shall comply with the direction, and shall serve in the Corps in Australia in accordance with the terms of the direction and the terms and conditions of service determined by the Director-General in pursuance of regulation 10 of these Regulations until discharged or released from service by or on behalf of the Director-General, but nothing in these Regulations shall affect his right to join or remain a member of, or pay dues or other contributions to, any trade union, and all rights of the member (such as the right to contribute to a Provident Fund) in respect of his previous employment shall continue as if he had remained in that employment.

(3.) This regulation shall apply to all men of the age of eighteen years and upwards but under sixty years, except—

(a) men employed in protected industries or protected undertakings within the meaning of the National Security (Man Power) Regulations;

(b) members of the Defence Force performing continuous full-time war service;

(c) members of the Naval, Military or Air Forces of the United Kingdom, or of any other part of His Majesty’s dominions (other than the Commonwealth), or of any foreign power allied or associated with His Majesty in any war in which His Majesty is engaged, or of any foreign authority recognized by His Majesty as competent to maintain Naval, Military or Air Forces for service in association with His Majesty’s Forces; or

(d) diplomatic and consular representatives in Australia (including any representative in Australia of the Government of, or the Trade Commissioner of, any part of the British dominions outside Australia) and members of their staffs.

(4.) Subject to regulation 31a of the National Security (General) Regulations, the Director-General may authorize the issue of uniforms to members of the Corps.

Terms and conditions of service in Civil Constructional Corps.

“10.—(1.) The terms and conditions of service of members of the Corps shall be such as are determined by the Director-General.

(2.) In determining the terms and conditions of service of members of the Corps, the Director-General shall, so far as practicable, have regard to the terms of any award, order or determination of an industrial tribunal, or any industrial agreement, which is applicable to employees engaged on similar work (including terms relating to deductions for the supply of rations and other issues in kind, and to allowances payable to employees living away from home).

 

(3.) Where a member is required to live away from his home, the cost of transportation of the member from the place where he resides to the place where he is required to live shall be borne by the Commonwealth.

Special IndustrialMagistrate.

“11.— (1.) In order to provide for the speedy settlement of questions as to the proper interpretation of the determinations of the Director-General under the last preceding regulation the Minister may—

(a) appoint Special Industrial Magistrates who shall have power to decide such questions; or

(b) authorize any Industrial Magistrate or any State officer performing similar functions to exercise and perform the powers and functions of a Special Industrial Magistrate under these Regulations.

(2.) A Special Industrial Magistrate may hear and determine any question submitted by or on behalf of a trade union as to the proper interpretation of any determination of the Director-General, and his decision shall be final.

(3.) A member shall not cease work, or refuse or fail to commence or continue work, by reason of the fact that an industrial dispute as to the proper interpretation of any determination of the Director-General has arisen, and that fact or the fact that any delay has occurred in connexion with the determination of the question shall not be a defence in any proceedings in respect of any contravention of the provisions of regulation 13 of these Regulations.

Canteens.

“12.—(1.) The Director-General may establish a canteen at any camp for the accommodation of members of the Corps, and may authorize the sale of alcoholic liquor at the canteen upon such terms and conditions as he thinks fit.

(2.) The provisions of any law of a State or Territory relating to the licensing of premises for the sale of alcoholic liquor and the sale of alcoholic liquor shall not apply to or in relation to any canteen established in pursuance of this regulation.

Offences.

“13. A member of the Corps shall not—

(a) cease work, or refuse or fail to continue work, during the hours of duty fixed under the terms and conditions of service determined by the Director-General under regulation 10 of these Regulations, unless he has obtained permission or leave in accordance with such terms and conditions of service;

(b) neglect or refuse or fail to comply with any lawful direction or requirement given or made by any person authorized to give such directions or make such requirements;

(c) counsel or procure any other member to act in contravention of any of the provisions of these Regulations or of any Order made in pursuance of these Regulations;

 

(d) obstruct any other member of the Corps in the performance of his duties; or

(e) neglect or refuse or fail to comply with the provisions of any Order made by the Director-General in pursuance of these Regulations.

Power of Director-General to make Orders.

“14. The Director-General may, by Order, make provision (in addition to the provisions contained in these Regulations) for the maintenance of good order and discipline at works and in camps established in connexion with works, and generally for the management of such camps and for the protection of the health of members living in such camps.”

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.