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

STATUTORY RULES.

1940. No..

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REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939.*

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.

Dated this third

day of May, 1940.

Governor-General.

By His Excellency’s Command,

Minister of State for Defence Co-ordination.

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Amendment of the National Security (Coal) Regulations.

Definitions.

1. Regulation 2 of the National Security (Coal) Regulations is amended by inserting, before the definition of “person, firm, company or authority the following definition:—

“ ‘owner’, in relation to a coal mine, means any person who is the immediate proprietor, or lessee, or occupier of the mine, or of any part thereof, and includes any contractor for the working of the mine, or any part thereof, but does not include a person who merely receives a royalty, rent or fine from the mine, or is merely the proprietor of the mine, subject to any lease, grant or licence for the working thereof, or is merely the owner of the soil and not interested in the minerals of the mine;”.

2. After regulation 5 of the National Security (Coal) Regulations, the following regulations are added:—

Preventing persons from offering, &c., for employment.

“6.—(1.) An organization bound by an award of the Commonwealth Court of Conciliation and Arbitration or of any tribunal constituted under the law of a State or entitled to the benefit of any such award shall not, whether by resolution, instruction, domestic rule or any other means whatsoever, and a person shall not, by persuasion, intimidation or violence, or any means whatsoever, prevent, or attempt to prevent, any person from offering or engaging himself for employment in the coal-mining industry, or in or in relation to the handling, transport or distribution of coal, or induce, or attempt to induce, any person to refrain from offering or engaging himself for such employment.

 

* Notified in the Commonwealth Gazette on, 1940.

  Statutory Rules 1940, No. 61.

2555.—30/1.5.1940.—Price 3d.

 

“(2.)No such organization and no person shall, with the object of enforcing compliance with demands made by the organization or person or any other organization or person on any employer in the coal-mining industry, by any means whatsoever, persuade or compel, or attempt to persuade or compel, a person engaged in the coal-mining industry, or in or in relation to the handling, transport or distribution of coal, to abandon or terminate his employment in that industry, or in or in relation to the handling, transport or distribution of coal.

“(3.) In any proceedings for an offence against the last preceding sub-regulation, the averment of the prosecutor that the object, with which the act charged against the accused was done, was the object of enforcing compliance with demands made on an employer in the coal-mining industry, shall be evidence that the object so averred was the object with which the act was done.

Intimidation or violence.

“7. A person shall not, either alone or in company with other persons, exercise, or attempt to exercise, intimidation or violence in relation to, or use threatening or abusive language to, any person because of his employment, or of his offering or having offered for employment, in the coal-mining industry, or in or in relation to the handling, transport or distribution of coal.

Sabotage.

“8.—(1.) A person shall not—

(a) destroy or damage, or impair the efficiency or impede the working of; or

(b)do any act with intent to destroy or damage, or impair the efficiency or impede the working of,

any coal mine, or any building, vessel, vehicle, machinery, apparatus, or other thing used, or intended to be used, or capable of being used, for the purposes of working any coal mine or used, or intended to be used, or capable of being used, for or in relation to the handling, transport or distribution of any coal.

“(2.) The provisions of the last preceding sub-regulation shall apply, in relation to any omission on the part of a person to do any thing which he is under a duty, either to the public or to any person, to do, in like manner as they apply in relation to the doing of any act by a person.

Coal mines to be opened and worked as required by Minister.

“9. The owner of a coal mine shall, as and when required by a Minister by notice in writing served on him personally or by post, do all such things as are necessary for or in relation to the production of coal at that mine and, in particular, such things as are necessary for the opening of the mine and the employment of persons for or in relation to the production of coal at that mine.

Tools and appliances not to be taken from mines.

“10. The owner of a coal mine shall not, without the consent in writing of a Minister or a person thereto authorized in writing by a Minister, take, or permit or suffer any person to take, from the mine or from any building, vehicle or land which is or has been used in connexion with the mine or the working thereof, any tools of trade or appliances which are or can be used in or in connexion with the production of coal at the mine.

Acquisition of tools.

“11.—(1.)Where a Minister considers it necessary, for the purpose of working any coal mine, to acquire or hire any tools of trade or

 

appliances which are capable of being used in such working, then he, or a person thereto authorized in writing by a Minister, may acquire or hire such tools or appliances from the owner thereof—

(a) by agreement; or

(b) by notice in writing served personally or by post on the owner,

or may—

(c)by notice posted in a conspicuous place at or adjoining the mine, acquire; or

(d)authorize the use of any such tools or appliances which are in the mine, or which are on any land, or in any building, vessel or vehicle, which is or has been used, or is intended to be used, for the purposes of working the mine.

“(2.) When a Minister, or a person thereto authorized in writing by a Minister, acquires or hires any tools or appliances in pursuance of this regulation, he may dispose of, or authorize the use of, such tools and appliances in such manner as he thinks fit.

“(3.) There shall be payable to the owner of the tools and appliances acquired or hired, or used under any authorization given, in pursuance of this regulation such compensation as is agreed upon with the owner, or as, in default of agreement, is determined by action by the owner against the Commonwealth in any court of competent jurisdiction.”.

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