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

STATUTORY RULES.

1942. No. 168.

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.

(SGD.) GOWRIE

Governor-General.

By His Excellency’s Command,

(SGD.) JOHN CURTIN

Minister of State for Defence Co-ordination.

 

AMENDMENTS OF THE NATIONAL SECURITY (COAL CONTROL) REGULATIONS.  

Coal mines to be kept open.

1. Regulation 27A of the National Security (Coal Control) Regulations is amended–

(a) by omitting from paragraph (b) of sub-regulation (l.) the word “and” (last occurring);

(b) by omitting from paragraph (c) of that sub-regulation the words “or in the methods of production observed at the coal mine”; and

(c) by adding at the end of that sub-regulation the following paragraph:—

“; and (d) shall not, except in pursuance of an award, order or determination 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. Regulations 27B and 27C of the National Security (Coal Control) Regulations are repealed and the following regulation inserted in their stead:—

Failure of employees to work.

“27B.–(1.) When a coal mine is open for the purpose of its operation in the manner in which it is usually operated any person actually or usually employed at the coal mine shall not, without reasonable excuse (proof whereof shall lie upon him), 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 he is required, or for which it is usual for employees of his classification, to work at the coal mine.

“(2.) Where, by reason of the refusal or failure of persons actually or usually employed at a coal mine to attend for work or to work at the coal mine, the operation of the coal mine ceases, the owner or manager of the coal mine shall forthwith notify the Commission that the operation of

 /the

 

* Notified in the Commonwealth Gazette on April, 1942.

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

 

the coal mine has so ceased and furnish to the Commission particulars of the cause of the refusal or failure, and the Commission may direct that any such persons who it is satisfied refused or failed, without reasonable cause, so to attend for work or to work, shall–

(a) if under the age of thirty-five years, serve in either the Citizen Military Forces (other than the Army Labour Corps established by the Defence (Labour Corps) Regulations) or the Army Labour Corps so established, according as the Commission directs; or

(b) if not under the age of thirty-five years, serve in the Army Labour Corps so established.

“(3.) Where, by reason of the refusal or failure of any persons actually or usually employed at a coal mine to attend for work or to work at the coal mine, the production of coal at that coal mine is reduced, although the operation of the coal mine does not cease, the owner or manager of the coal mine shall forthwith furnish to the Commission the names and addresses of those persons and the particulars of the cause of the refusal or failure, and the Commission may direct that any such persons who it is satisfied refused or failed, without reasonable cause, so to attend for work or to work, shall–

(a) if under the age of thirty-five years, serve in either the Citizen Military Forces (other than the Army Labour Corps established by the Defence (Labour Corps) Regulations) or the Army Labour Corps so established, according as the Commission directs; or

(b) if not under the age of thirty-five years, serve in the Army Labour Corps so established.”.