National Security (Hours of Work) Regulations (Cth)

STATUTORY RULES.

1942. No. 446.

 

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 seventeenth day of October, 1942.

Governor-General.

By His Excellency’s Command,

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

 

National Security (Hours of Work) Regulations.

Citation.

1. These Regulations may be cited as the National Security (Hours of Work) Regulations.

Administration.

2. These Regulations shall be administered by the Minister of State for Labour and National Service.

Definitions.

3. In these Regulations, unless the contrary intention appears—

“authorized person” means the Director-General of Munitions or the Director-General of Aircraft Production or any other person authorized by the Minister to grant approvals under sub-regulation (1.) of regulation 7 of these Regulations;

“employer” includes the Crown (whether in right of the Commonwealth or of a State) and all instrumentalities or authorities of or under the Crown (whether in right of the Commonwealth or of a State);

“employee” means any person who is employed in manual work in or in connexion with any industrial process or any person, or any person included in a class of persons, declared by the Minister by notice published in the Gazette to be an employee or class of employees for the purposes of these Regulations; and

“the Secretary” means the Secretary, Department of Labour and National Service.

 

* Notified in the Commonwealth Gazette on , 1942.

7389.—Price 3d. 3/17.10.1942.

 

Hours of employees aged less than eighteen years.

4. An employer shall not require or permit any employee aged less than eighteen years to work, or be in attendance at his place of employment for the purpose of working, for more than forty-eight hours in any week exclusive of unpaid intervals allowed for meals.

Hours worked prior to 30th November, 1942, not to exceed 60 per week.

5. In respect of any week ending before the thirtieth day of November, 1942, an employer shall not require or permit any employee aged eighteen years or over to work, or be in attendance at his place of employment for the purpose of working, for more than sixty hours in any week exclusive of unpaid intervals allowed for meals.

Hours worked after 30th November, 1942, not to exceed 56 per week.

6. In respect of any week ending after the thirtieth day of November, 1942, an employer shall not require or permit any employee aged eighteen years or over to work, or be in attendance at his place of employment for the purpose of working, for more than fifty-six hours in any week exclusive of unpaid intervals allowed for meals.

Exceptions.

7.—(1.) Nothing contained in regulation 4, 5 or 6 of these Regulations shall prevent an employer from requiring or permitting any employee or any employees included in a class of employees to work, or be in attendance at his or their place of employment for the purpose of working, for hours in excess of the maximum hours allowed by those regulations—

(a)in case of emergency—in any three weeks in any period of three consecutive months; or

(b)where an authorized person is of the opinion that work or attendance during additional hours is necessary in the interests of the defence of the Commonwealth or the successful prosecution of the war, and so certifies in writing to the employer—for such period and to such extent as the authorized person approves in writing.

(2.) Every authorized person shall furnish, or cause to be furnished, to the Secretary a copy of every such approval granted by him.

(3.) Every employer to whom any such approval is granted shall, during the currency of the approval, at the expiration of every period of three months after the grant of the approval, and at the expiration of the period covered by the approval, notify the Secretary in writing of the period during which and the extent to which, the employees or persons included in the class of employees specified in the approval have worked in excess of the maximum hours which would, but for the approval, be allowed by regulation 4, 5 or 6 of these Regulations.

Operation of certain State laws.

8. Where any act or omission which constitutes a contravention of these Regulations constitutes or involves, or would, but for these Regulations, constitute or involve, an offence against any law of a State or Territory of the Commonwealth, nothing in these Regulations shall prevent the offender being prosecuted and punished under the law of the State or Territory, but the offender shall not be punished twice for the same offence.

 

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