National Security (Industrial Peace) Regulations (Amendment) (Cth)

STATUTORY RULES.

1950. No..

 

REGULATION UNDER THE DEFENCE (TRANSITIONAL PROVISIONS) ACT 1946-1949.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Defence (Transitional Provisions) Act 1946-1949.

Dated this twenty-seventh day of September, 1950.

W. J. McKell

Governor-General.

By His Excellency’s Command,

for and on behalf of the Prime Minister.

 

Amendment of the National Security (Industrial Peace) Regulations.

The National Security (Industrial Peace) Regulations are amended by omitting regulations 2 to 18 (both inclusive) and inserting in their stead the following regulations :—

Saving of awards, &c.

“ 2.—(1.) Having regard to—

(a)the fact that certain industrial conditions have resulted from the making and observance of certain awards, orders, determinations and decisions which have been, or purport to have been, made under the National Security (Industrial Peace) Regulations and which purport to be in valid operation at the date of commencement of this regulation ;

(b)the fact that the High Court of Australia has expressed the opinion that the National Security (Industrial Peace) Regulations ceased, at some time prior to the month of December, 1948, to be in operation, but without expressing any opinion as to the date on which those Regulations ceased to be in operation or as to whether awards, orders, determinations and decisions validly made under those Regulations before they ceased to be in operation have ceased to have force and effect ;

 

* Notified in the Commonwealth Gazette on , 1950.

  Being the Regulations having that title in force under the Defence (Transitional Provisions) Act 1946-1949. The Regulations under the National Security Act 1939-1946 having the corresponding title were Statutory Rules 1940, No. 290, as amended by Statutory Rules 1941, Nos. 26, 49, 271 and 300; 1942, Nos. 143 and 395; 1943, Nos. 40 and 156; 1944, No. 191; 1945, No. 60; and 1947, No. 143. These Regulations were also amended by the Defence (Transitional Provisions) Act 1946.

3704.—Price 3d. 10/1.8.1950.

(c) the industrial disturbance and inconvenience likely to result from a sudden cessation of general recognition of the continued force and effect of the awards, orders, determinations and decisions to which this regulation applies ; and

(d)the desirability of enabling the awards, orders, determinations and decisions to which this regulation applies (whether in force by virtue of this regulation or otherwise) to be replaced as soon as possible by provisions to be made by industrial authorities of the Commonwealth or the States,

the object of this regulation is to give or confirm force and effect to the awards, orders, determinations and decisions to which this regulation applies, but only pending, and with a view to, their replacement, before these Regulations cease to be in force, by provisions to be made by industrial authorities of the Commonwealth or the States.

“ (2.) Each award, order, determination and decision made or given, or purporting to have been made or given, at any time before the commencement of this regulation but after the commencement of the Defence (Transitional Provisions) Act 1946, by virtue of the National Security (Industrial Peace) Regulations as in force or purporting to have been in force at that time, and in force or subsisting or purporting to have been in force or subsisting immediately prior to the commencement of this regulation shall, by force of this regulation but subject to the next succeeding regulation, have the same force and effect from the commencement of this regulation as it would have had if—

(a) the National Security (Industrial Peace) Regulations, as purporting to be in force from time to time before the commencement of this regulation, had been so in force ; and

(b)the National Security (Industrial Peace) Regulations, as purporting to be in force immediately before the commencement of this regulation, continued in force.

“ (3.) This regulation does not apply to the orders dated the eighth day of December, 1948, and the fifth day of April, 1949, made by Mr. Commissioner Kelly in the matter of the Meat Industry Award, 1948.

Awards may be revoked or varied.

“ 3. An award, order, determination or decision having force by virtue of—

(a) the last preceding regulation; or

(b) sub-section (3.) of section 8 of the Defence (Transitional Provisions) Act 1946-1949,

may, to the extent necessary for the purpose of permitting the full exercise of the powers of an industrial authority (whether of the Commonwealth or of a State), be revoked by such an authority either expressly or by the making of inconsistent provisions.

Application of Arbitration Act.

“ 4. Subject to the last preceding regulation, the Commonwealth Conciliation and Arbitration Act 1904-1949 applies in relation to each award, order, determination or decision referred to in the last preceding regulation in like manner as it applies in relation to other awards, orders, determinations and decisions made or given under that Act.”.

 

By Authority: L.