National Security (Chinese Seamen) Regulations (Cth)

STATUTORY RULES.

1943. No. 302.

 

REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1943.*

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 1939-1943.

Dated this seventeenth day of December, 1943.

(SGD.) GOWRIE.

Governor-General.

By His Excellency’s Command,

for and on behalf of the Minister of State for Defence.

 

National Security (Chinese Seamen) Regulations.

Citation.

1. These Regulations may be cited as the National Security (Chinese Seamen) Regulations.

Administration.

2. These Regulations shall be administered by the Minister of State for Supply and Shipping.

Definitions.

3. In these Regulations, unless the contrary intention appears—

“Chinese seaman” means a person of Chinese nationality or race who is, or has been on or after the seventh day of December, 1941, employed in a sea-going capacity on a ship;

“Australian-trade ship” has the same meaning as in the Navigation Act 1912-1942, and includes a ship operating from Australia as head-quarters and subject, in respect of the nature of the employment of the ship, to control by the Commonwealth;

“shipowner” includes the manager or secretary of any company or body corporate and any person to whom the whole or a part of a ship belongs and also includes any person or authority having control of a ship;

“Superintendent” has the same meaning as in the Navigation Act 1912-1942.

* Notified in the Commonwealth Gazette on  , 1943.

3484.—Price 3d. 10/26.11.1943.

 

“the Industrial Authority” means a Judge of the Commonwealth Court of Conciliation and Arbitration or a Conciliation Commissioner appointed under the Commonwealth Conciliation and Arbitration Act 1904-1934 or under that Act as applied and construed by the National Security (Industrial Peace) Regulations.

Employers and employees to observe certain conditions.

4.—(1.) The rates of remuneration to be paid to, and the conditions of employment to be observed by and in respect of, Chinese seamen employed for service on Australian-trade ships shall be such rates and conditions as are determined by the Minister by order in writing or as are determined in pursuance of the next succeeding regulation.

(2.) The Minister may make orders for the purposes of the last preceding sub-regulation and for providing for payments to and maintenance for any Chinese seaman waiting on shore for engagement for service on a ship.

(3.) A shipowner who employs a Chinese seaman for service on an Australian-trade ship shall not pay or offer to pay, or observe or offer to observe, and a Chinese seaman employed for that service shall not accept or seek to accept, or observe or seek to observe, rates of remuneration or conditions of employment different from the rates of remuneration or conditions of employment specified in any such order or in any determination made under the next succeeding regulation.

Reference of disputes to Industrial Authority.

5.—(1.) If any dispute arises between a shipowner and a Chinese seaman employed by him as to the interpretation of the provisions of any order made in pursuance of the last preceding regulation in their application to or in relation to the Chinese seaman, or with respect to any matter for which provision is not made in any such order, the dispute may be referred by the Minister to the Industrial Authority for determination.

(2.) The Industrial Authority shall forthwith deal with and determine the dispute and for that purpose shall have and may exercise in relation to the dispute the like powers as the Commonwealth Court of Conciliation and Arbitration has and may exercise in relation to industrial disputes of which it has cognizance.

Service of order and determinations.

6.—(1.) A copy of every order made under regulation 4, and a copy of every determination made under regulation 5, of these Regulations—

(a) shall be served by a Superintendent upon every shipowner who employs a Chinese seaman and who has not already been served with a copy of the order or determination;

(b) shall be furnished to the Consul-General for China in Australia;

(c) shall be served on the Secretary of the association known as the Chinese Seamen’s Union; and

(d) shall be filed in the office of each Superintendent and shall be there open for inspection, during office hours, by any shipowner or by any Chinese seaman.

(2.) Any such order or determination may be served on a shipowner either personally or by letter sent by registered post and addressed to the last-known place of business of the shipowner.

 

(3.) A copy of every such order and a copy of every determination shall be filed in the Commonwealth Court of Conciliation and Arbitration and shall thereupon have effect in all respects and be enforceable as if it were an award of that Court binding on all shipowners employing Chinese seamen serving on Australian-trade ships, and on all Chinese seamen so serving, to whom the order or determination applies.

Operation of provisions of orders.

7. The provisions of any order made under these Regulations shall, in relation to any Chinese seaman serving at the commencement of these Regulations on an Australian-trade ship, if expressed so to do, apply, so far as possible, in respect of the service given by that seaman, under the articles under which he is serving, at any time on or after the first day of January, 1943, or, if the articles so provide, as on and from such earlier date as is specified in the articles, but any payment made to any such seaman in respect of service prior to the commencement of these Regulations shall be set off against any payment in respect of that service to be made under these Regulations.

 

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