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

STATUTORY RULES.

1942. No. 10.

 

REGULATION 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 Regulation under the National Security Act 1939–1940.

Dated this ninth day of January, 1942.

GOWRIE

Governor-General.

By His Excellency’s Command,

JOHN CURTIN

Minister of State for Defence Co-ordination.

 

Amendment of the National Security (Coal Control) Regulations. 

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

Coal mines to be kept open.

“27a.—(1.) The owner of a coal mine—

(a) shall not, without the consent of the Commissioner, fail to keep the coal mine open for the purpose of its operation in the manner in which it is usually operated;

(b) shall in, or in relation to, the operation of the coal mine observe all practices customarily observed in respect of employees and employment at the coal mine; and

(c) shall not, except in pursuance of an award, order or determination 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 or in the methods of production observed at the coal mine.

“(2.) If the owner of a coal mine is a body corporate and commits a contravention of, or fails to comply with, any provision of the last preceding sub-regulation, every director and every person concerned

 

*Notified in the Commonwealth Gazette on 9th January, 1942.

 Statutory Rules 1941, No. 189.

202.—Price 3d.

in the management, of the body 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.

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 and the duly constituted committee of management of any organization of employees in the coal mining industry has directed, instructed, counselled or otherwise advised the members of the organization, who are, or were, prior to the giving of the direction, instruction, counsel or advice, actually or usually employed at the coal mine, to work at the coal mine, any person who is or was so employed 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.) If any person commits a contravention of the provisions of the last preceding sub-regulation then, in addition to any penalty which may be imposed on him in respect of that contravention, the duly constituted committee of management of any organization to which he belongs may expel him from membership of the organization.

Notification of contravention of regulation 27b.

“27c. The owner of a coal mine shall furnish to the Commissioner the name and address of every person who refuses or fails, in contravention of the last preceding regulation, to attend for work or to work at the coal mine and the Commissioner if satisfied that the person has so refused or failed to attend for work or to work may direct that the exemption (if any) of that person under the Reserved Occupations Order shall cease and that exemption shall thereupon cease”.

 

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