National Security (Holidays and Annual Leave) Regulations (Amendment) (Cth)

STATUTORY RULES.

1943. No. 145.

REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1940.*

I, THE Deputy Of 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-ninth day of May, 1943.

Deputy of the Governor-General.

By His Excellency’s Command,

(Sgd.) E.J. WARD

for and on behalf of the Minister of State for Defence.

 

AMENDMENTS OF THE NATIONAL SECURITY (HOLIDAYS AND ANNUAL LEAVE) REGULATIONS.  

Except as prescribed, persons not to be absent from work.

l. Regulation 5 of the National Security (Holidays and Annual Leave) Regulations is amended —

(a) by omitting sub-regulation. (1.) and inserting in its stead the following sub-regulation:—

“(1.) Notwithstanding the provision of any other law (whether of the Commonwealth or of a State or Territory of the Commonwealth), or of any award, order, determination or agreement, except in the case of -

(a) illness or incapacity;

(b) absence of an employee on a day during a period of leave of absence granted to the employee, for the purposes of recreation;

(c) a domestic or other pressing emergency; or

(d) attendance at a camp of continuous training of an employee or employer who is a member of the Defence Force,

an employee or employer who is directed by a Minister to work during a day which is one of the days to which this regulation applies, shall not, without reasonable cause (proof whereof shall lie upon him), fail to perform his duties or absent himself from his place of employment or business or from the place here his duties are usually performed at any time on that day during the period during which he is required by the terms and conditions of his employment to be, on an ordinary working day or business day, at that place of employment or business, or, where there are no such

 

* Notified in the Commonwealth Gazette on  , 1943.

  Statutory Rules 1948, No. 418, as amended by Statutory Rules 1942, No. 541; and Statutory Rules 1943, Nos. 19, 47, 61, 89, 101 and 102.

 

requirements, during which it is customary or usual for an employee or employer engaged in similar classes of employment or business to be on an ordinary working day or business day, at the place of employment or business.

“(1a.) Any direction may be given by a Minister under the last preceding sub-regulation so as to apply–

(a) to all employees or employers included in a particular class of employees or employers; or

(b) to any particular employee or employer.

“(1b.) Where any direction given under this regulation is published in the Gazette, the direction shall be deemed to have been sufficiently served upon, or brought to the notice of, all persons concerned or affected thereby.

“(1c.) Without affecting the generality of the last preceding sub-regulation, any direction given under this regulation so as to apply to any particular persons may be served upon that persons by delivering a copy thereof to him by hand or by sending it to him by registered post.

“(1d.) Any employee of an employer to whom a direction has been given in accordance with this regulation, who is required by that employer to work during a day which is one of the days to which this regulation applies shall be deemed to have been directed under this regulation so to work.”;

(b) by omitting from the definition of “days to which this regulation applies” in sub-regulation (9.) the words and figures “ ,other than the 23rd and 24th April, 1943, which would, but for this regulation, between the 15th March, 1943, and the 30th November, 1943 (both inclusive)” and inserting in their stead the words “which would, but for this regulation,”; and

(c) by omitting from sub-regulation. (9.) the definition of “employer” and inserting in its stead the following definition:—

“‘ employer’ means an employer of an employee and, where an employer is a body corporate, includes a director, officer or agent of the employer who is actively concerned in the conduct of the business of the body corporate.”.

Prohibition of organized meetings for competitive contests, etc. on certain days.

2. Regulation 5b of the National Security (Holidays and Annual Leave) Regulations is amended by omitting sub-regulation (1.) and inserting in its stead the following sub-regulation:—

“(1.) A person shall not on any day to which regulation 5 of these Regulations applies (other than New Year’s Day, Easter Monday and Boxing Day, or any day prescribed under the law of a State or Territory of the Commonwealth to be observed in lieu of those days in that State or Territory), hold or conduct, or cause or permit to be held or conducted, any organized meeting for the purpose of carrying on any competitive contest, game or sport.”.