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

STATUTORY RULES.

1942. No. 541.

 

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 Nineteenth day of December, 1942.

(SGD.) GOWRIE.

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.

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

(a) by omitting from paragraph (b) of sub-regulation (1.) the word “or”;

(b) by adding after paragraph (c) of that sub-regulation the following paragraph:—

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

(c) by omitting sub-regulation (2.) and inserting in its stead the following sub-regulation:—

“(2.) Subject to this regulation, compensation for work on any of the days to which this regulation applies shall be as prescribed by the appropriate law or industrial award, order, determination or agreement.”;

(d) by inserting in sub-regulation (7.), after the figures “1942” (first occurring), the words and figures “and also a holiday on the 1st January, 1943”; and

 

* Notified in the Commonwealth Gazette on , 1942.

 Statutory Rules 1942, No. 418.

8129.—Price 3d. 25/14.12.1942.

(e) by adding at the end thereof the following sub-regulation:—

“(10.) Nothing in this regulation shall, in respect of the period ending on the 1st January, 1943, apply in relation to any person included in a class of persons engaged in the production, preparation or distribution of foodstuffs or perishable articles which the Minister declares, by notice published in the Gazette, to be a class of persons to which this regulation does not apply.”.

Leave not to be granted during period 25th December, 1942, to 2nd January, 1943.

2. Regulation 6 of the National Security (Holidays and Annual Leave) Regulations is amended—

(a) by inserting in sub-regulation (1.), after the word “emergency”, the words “or in any case of attendance at a camp of continuous training of an employee who is a member of the Defence Force”;

(b) by omitting from that sub-regulation the words “to which the last preceding regulation does not apply” and inserting in their stead the words “which are expressly excepted from the application of the provisions of the last preceding regulation.”;

(c) by omitting from sub-regulations (2.) the words and figures “before the 31st October, 1942”.

(d) by adding at the end of sub-regulation (5.) the following proviso:—

“Provided that, where the number of employees at any premises is less than seven, one employee may be absent on such leave at any one time during that period.”.

Disputes arising under the Regulations.

3. Regulation 7 of the National Security (Holidays and Annual Leave) Regulations is amended by inserting, after the word “Arbitration”, the words “or any tribunal or authority having jurisdiction to determine disputes or claims in respect of rates of pay or conditions of employment in relation to the work on which any such employee is employed”.

4. The National Security (Holidays and Annual Leave) Regulations are amended by adding at the end thereof the following regulations:—

“8.—(1.) The 28th December, 1942, shall be a non-business day for the purposes of the Bills of Exchange Act 1909-1936.

“Certain days not to be business days.

(2.) A person shall not be compellable to make any payment or do any act on the 28th December, 1942, which he would not be compellable to make or do on Sunday, and where, but for the provisions of this regulation, any person would be obliged to make any payment or do any act on the 28th December, 1942, that person shall be under an obligation to make the payment or to do the act on the next following day and payment or performance on that day shall be due payment or performance of the act.

“(3.) Where, by or under any law of the Commonwealth or of a State or Territory of the Commonwealth, any office is required to be open to the public on 28th December, 1942, then, notwithstanding the provisions of that law, that office shall not be open to the public on that day.

“(4.) This regulation, in its application to South Australia, shall be read as if the expression ‘26th December, 1942’ were substituted for the expression ‘28th December, 1942’.

“Certain days to be business days.

9.—(1.) Any day which, by virtue of regulation 5 of these Regulations, is not to be observed as a holiday at any place shall be a business day for the purposes of the Bills of Exchange Act 1909-1936.

“(2.) Where, but for this regulation, a person would not (by reason of any such day being a public holiday or a bank holiday) be compellable to make any payment or do any act on that day, he shall nevertheless be compellable to make the payment or to do the act on that day.

“(3.) Where, but for this regulation, an office would not (by reason of any such day being a public holiday or a bank holiday) be required, by or under the law of the Commonwealth or of a State or Territory of the Commonwealth, to be open to the public on that day, that office shall, notwithstanding the provisions of that law, be open to the public on that day.”.

 

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