STATUTORY RULES.
1948. No. 45.
REGULATIONS
UNDER THE DEFENCE (TRANSITIONAL PROVISIONS) ACT 1946-1947.*
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 Defence
(Transitional Provisions) Act 1946-1947.
Dated
this sixth day of April, 1948.
W. J. McKELL
Governor-General.
By His Excellency’s Command,
W.
P. ASHLEY
for and on behalf of the
Minister of State for Post-war Reconstruction.
Amendments of the National Security (Coal Mining
Industry Employment) Regulations.
Powers
of Central Reference Board.
1. Regulation 8 of the
National Security (Coal Mining Industry Employment) Regulations is amended by
omitting sub-regulation (1.) thereof and inserting in its stead the following
sub-regulation :—
“(1.) The Central Reference Board
shall have power to consider and determine any industrial dispute or matter of
which it has cognizance, and for that purpose shall have (in addition to any
other powers conferred on it by these Regulations) all powers which are given
to the Court or the Chief Judge of the Court or to a Conciliation Commissioner
by the Act or by the National Security (Industrial Peace) Regulations or by the
Act as applied and construed by those Regulations in respect of an industrial
dispute or matter in respect of which the Court or a Conciliation Commissioner
has jurisdiction.”.
Cognizance
of disputes.
2. Regulation 10a of the National Security (Coal Mining
Industry Employment) Regulations is amended by adding at the end thereof the
following sub-regulation :—
“(3.)
For the purpose of their application to and in relation to the Tribunal, the
provisions referred to in the last preceding sub-regulation shall extend to
industrial disputes and to matters of which the Tribunal has cognizance by
virtue of the Coal Industry Act 1946.”.
*
Notified in the Commonwealth Gazette on
6th April, 1948.
Being the Regulations having that title as in force under the Defence (Transitional Provisions) Act 1946-1947.
The Regulations under the National
Security Act 1939-1946 having the corresponding title comprise Statutory
Rules 1941, No. 25, as amended by Statutory Rules 1941, Nos. 38, 159, 212, 262
(as amended by 1941, No. 281), 270, 281, 299; 1942, Nos. 100, 311, 422 and 525;
1943, Nos. 278 and 295; and 1944, Nos. 48 and 83. These Regulations have been
further amended by Statutory Rules 1947, Nos. 42, 61 and 67; and 1948, No. 3.
2052.—Price 3d.
3. After regulation 20 of
the National Security (Coal Mining Industry Employment) Regulations, the
following regulation is added :—
Certain
instruments to have full force and effect.
“21.—(1.) Notwithstanding the
operation of, or anything contained in, the Commonwealth
Conciliation and Arbitration Act 1947, all instruments which the Central
Reference Board, a Local Reference Board or the Tribunal has, since the
commencement of that Act and prior to the commencement of this regulation,
issued or purported to issue as its awards, orders, determinations or
decisions, in relation to industrial disputes or to matters of which it had
cognizance or in respect of which it otherwise had jurisdiction either under
the National Security (Coal Mining Industry Employment) Regulations or under
the Coal Industry Act 1946, shall, by
virtue of this regulation, have full force and effect for all purposes
according to their tenor, and, subject to this regulation, the provisions of
those Regulations or of that Act, as the case requires, shall apply to and in
relation to those instruments in like manner as they apply to and in relation
to awards, orders, determinations and decisions given or made under those
Regulations or under that Act, as the case may be, and, for that purpose, those
instruments shall be deemed to be awards, orders, determinations or decisions
of the Central Reference Board, Local Reference Board or Tribunal, as the case
may be.
“(2.)
Nothing in the last preceding sub-regulation shall affect the rights of any
person under a judgment obtained by him prior to the commencement of this
regulation.”.
By Authority: L. F. Johnston, Commonwealth Government
Printer, Canberra.