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

STATUTORY RULES.

1942. No. 328

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 twenty-fifth day of July, 1942.

(SGD.) GOWRIE

Governor-General.

By His Excellency’s Command,

Minister of State for Defence.

 

Amendments of the National Security (Coal Control) Regulations. 

1. Regulation 27a of the National Security (Coal Control) Regulations is repealed and the following regulation inserted in its stead:—

Coal mines to be kept open.

“27a.—(1.) The owner, occupier, lessee or manager of a coal mine—

(a) shall not, except with the consent of the Commission, fail to keep the coal mine open for the purpose of its operation in the manner in which it is usually operated;

(b) shall not, except with the prior approval of the Central Reference Board or a Local Reference Board, fail, in or in relation to the operation of the coal mine, to observe any practice customarily observed in respect of employees and employment at the coal mine;

(c) shall not, except in pursuance of an award, order, determination or decision of an industrial tribunal or authority having jurisdiction in that behalf, make, or cause, permit or suffer to be made, any variation in the rates of pay or terms and conditions of employment required to be paid or observed at the coal mine; and

 

* Notified in the Commonwealth Gazette on  , 1942.

  Statutory Rules 1941, No. 189, as amended by Statutory Rules 1942, Nos. 10, 51 and 168

 

(d) shall not, except in pursuance of an award, order, determination or decision of an industrial tribunal or authority having jurisdiction in that behalf or except with the consent of the Commission, make, or cause, permit or suffer to be made, any variation in the methods of production observed at the mine.

“(2.) A person shall not—

(a) attempt by any means to alter or abolish, or induce or attempt to induce any other person to alter or abolish, any practice customarily observed in respect of employees and employment at any coal mine; or

(b) attempt to make, or announce his intention of making, or induce any other person to attempt to make, any variation in the methods of production observed at any coal mine,

unless the alteration or abolition is made with the consent of the Central Reference Board or a Local Reference Board, or the variation is authorized by an award, order, determination or decision of an industrial tribunal or authority having jurisdiction in that behalf or is effected with the consent of the Commission.

“(3.) A person shall not counsel, procure, urge, incite or encourage any person to do any act or thing or to fail to do any act or thing which he is prohibited by any of the foregoing provisions of this regulation from doing or from failing to do.

“(4.) If a body corporate commits a contravention of, or fails to comply with, any provision of this regulation, every director, and every person concerned in the management, of the body, and the manager of the coal mine, shall be deemed to have committed a contravention of, or to have failed to comply with, that provision unless he proves that the contravention or non-compliance took place without his knowledge and that he did not have reasonable means of preventing the contravention or non-compliance.

“(5.) Where the owner, occupier, lessee or manager of a coal mine—

(a) fails, except as permitted so to do under sub-regulation (1.) of this regulation, to do any of the things specified in paragraph (a) or paragraph (b) of that sub-regulation; or

(b) except as permitted so to do by that sub-regulation, does any of the things specified in paragraph (c) or paragraph (d) of that sub-regulation,

he shall forthwith notify the Commission accordingly.

Failure of employees to work.

2. Regulation 27b of the National Security (Coal Control) Regulations is amended—

(a) by inserting after sub-regulation (1.) the following sub-regulation:—

“(1a.) A person shall not, on account of any industrial dispute, or in relation to any matter arising at a coal mine, do anything in the nature of a strike or continue any strike at the coal mine except in pursuance of a decision of the duly constituted governing body of the

 

organization of employees to which the person belongs, made after particular circumstances have come into existence, that, because of the existence of those circumstances, persons belonging to the organization should strike or continue to strike at the mine.”;

(b) by inserting in sub-regulation (2.) after the word “work” (second occurring) the words “, or by reason of a strike,”;

(c) by omitting from that sub-regulation the words “or failure” (second occurring) and inserting in their stead the words “, failure or strike”;

(d) by inserting in that sub-regulation after the word “work” (last occurring) the words “or, except as permitted by the last preceding sub-regulation, did anything in the nature of a strike or continued a strike”;

(e) by inserting in sub-regulation (3.) after the word “work” (second occurring) the words “, or by reason of a strike,”;

(f) by omitting from that sub-regulation the words “those persons and the particulars of the cause of the refusal or failure” and inserting in their stead the words “the persons who so refused or failed to attend for work or to work, or engaged in the strike, and the particulars of the cause of the refusal, failure or strike”; and

(g) by inserting in that sub-regulation after the word “work” (last occurring) the words “or, except as permitted by sub-regulation (1a.) of this regulation, did anything in the nature of a strike or continued a strike”.

Causing stoppage of work at coal mine.

3. After regulation 27b of the National Security (Coal Control) Regulations the following regulations are inserted:—

“27c.—(1.) A person shall not cause the persons or any of the persons actually or usually employed at a coal mine to refuse or fail to attend for work at the coal mine, at the customary place and at the customary times or to work at the coal mine during the hours for which they are required or for which it is usual for employees of their respective classifications to work at the coal mine, and shall not counsel, procure, urge, incite or encourage those persons or any of those persons so to refuse or fail to attend for work or to work.

“(2.) It shall be a defence to any prosecution for an offence arising out of any contravention of the last preceding sub-regulation if the person charged proves that the act constituting the contravention was done by reason of a decision of the duly constituted governing body of the organization of employees to which the persons, in respect of whom the act was done, belong, made after particular circumstances came into existence, that, because of the existence of those circumstances, those persons should refuse or fail to attend for work or to work.

False or misleading reports as to lock-outs, &c.

“27d. A person shall not, by word of mouth or in writing, spread false or misleading reports or make false or misleading statements or reports with respect to lock-outs, strikes, or stoppages of work, at any coal mine, or spread any reports or make any statements or reports that any such lock-out, strike or stoppage of work has occurred at a coal mine when in truth and in fact the lock-out, strike or stoppage of work has not so occurred.

 

Prosecution of offences arising out of contraventions of regulations 27a to 27d.

“27e. Any offence arising out of the contravention of any of the provisions of the last four preceding regulations may be prosecuted summarily before the Commonwealth Court of Conciliation and Arbitration constituted by the Judge of that Court for the time being holding the office of Chairman of the Central Reference Board appointed under the National Security (Coal Mining Industry Employment) Regulations, and that Court, as so constituted, shall have jurisdiction to try and punish any person charged before the Court with any such offence.

Definitions for the purposes of regulations 27A to 27E.

“27f. For the purposes of the last five preceding regulations—

(a) ‘Central Reference Board’ means the Central Reference Board appointed under the National Security (Coal Mining Industry Employment) Regulations;

(b) ‘duly constituted governing body’,  in relation to any organization of employees to which a person belongs or persons belong, means—

(i) if the organization is the Australian Coal and Shale Employees’ Federation, the board of management (howsoever designated) exercising executive powers of the Federation in the district in which is situated the coal mine at which the person is, or the persons are, actually or usually employed; or

(ii) in any other case, the duly appointed committee of management of the organization;

(c) ‘Local Reference Board’ means a Local Reference Board established under the National Security (Coal Mining Industry Employment) Regulations; and

(d) ‘manager’ includes any person acting as manager.”.

 

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