National Security (Coal Control) Regulations (Amendment) (Cth)

STATUTORY RULES

1943. No. 194.

REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1943*

I, THE DEPUTY OF 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 ninth day of August, 1943.

(Sgd.) WINSTON DUGAN

Deputy of the Governor-General

By His Excellency’s Command,

for and on behalf of the Minister of State for Defence

 

AMENDMENTS OF THE NATIONAL SECURITY (COAL CONTROL) REGULATIONS  

1. After regulation 27E of the National Security (Coal Control) Regulations the following regulation is inserted:–

“27EA—(1) Where—

(a) any question arises or has, whether before or after the commencement of this regulation, arisen at a coal mine in any State whether the safety of employees is endangered or likely to be endangered by the continued working of the mine or by any methods of working then in operation or proposed to be put into operation in the mine;

(b) by reason of that question having arisen there is, or the Minister is of opinion that there is likely to be, a stoppage of work at the mine; and

(c) the Minister is satisfied that the question is one which ought to be determined in accordance with this regulation,

the Minister may refer the question to the Minister of Mines for the State with a request that the question be at once considered and reported upon as provided to this regulation.

 

* Notified in the Commonwealth Gazette on  , 1943.

  Statutory Rules 1941, No. 189, as amended by Statutory Rule 1942, Nos. 10, 51, 168 and 328; and 1943, No. 88.

 

“(2.) Where any such question has been referred to the Minister of Mines for the State, that Minister may make or cause to be made such investigation and inquiries as he deems necessary, and shall furnish to the Minister a report setting out his opinion on the question referred to him.

“(3.) If the report of the Minister of Mines for the State sets out that in the opinion of that Minister the safety of employees is not endangered or likely to be endangered by all or any of the matters referred to in sub-regulation (1) of this regulation—

(a) the fact that the question has arisen shall not be deemed to be a reasonable cause or excuse for the closing of the mine or keeping the mine closed or for any person to absent himself from the coal mine or to fail to perform his duties at the coal mine; and

(b) if the duly constituted governing body of any organisation of employees has, either before or after the commencement of this regulation, decided, because of the question having arisen, that persons belonging to the organisation shall strike or continue to strike at the coal mine, that decision shall not be a decision referred to in sub-regulation (1a.) of regulation 27b of these regulations.

“(4.) If the Minister of Mines for the State is of opinion that the safety of employees is or is likely to be endangered by all or any of the matters referred to in sub-regulation (1) of this regulation he may, by order under his hand, direct the owner of the mine to do or refrain from doing such matters or things as are specified in the order.

The owner of the mine shall forthwith comply with the directions contained in the order.

“(5.) In this regulation the expression ‘the Minister of Mines for the State’, means the Minister administering the mining laws of the State.”.

Definitions for the purposes of Regulations 27A-27EA.

2. Regulation 27F of the National Security (Coal Control) Regulations is amended by omitting the word “five” and inserting in its stead the word “six.”