National Security (Man Power) Regulations (Amendment) (Cth)

STATUTORY RULES.

 

1944 No. 175.

REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1943.*

I, THE ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the National Security Act 1939-1943.

Dated this 29th day of November, 1944.

W DUGAN

Administrator.

By His Excellency’s Command,

for and on behalf of the

Minister of State for Defence.

 

AMENDMENTS OF THE NATIONAL SECURITY (MAN POWER) REGULATIONS.

Provisions relating to persons employed in protected undertakings.

1. Regulation 14 of the National Security (Man Power) Regulations is amended -

(a) by omitting from paragraph (ba) of sub-regulation (1.) the words and figures “regulation 16A of.”; and

(b) by omitting from sub-regulation (3A.) the words and figures “in pursuance of regulation 16A” and inserting in their stead the words and figures “in accordance with regulation 16A or 16D”.

2. After regulation 16C of the National Security (Man Power) Regulations the following regulation is inserted:-

Standing down etc. of persons engaged in protected undertakings.

“16D. Nothing in regulation 14 of these Regulations shall prevent an employer who carries on a protected undertaking -

(a) from standing down any of the employees engaged in that undertaking or any part thereof, in order to enable him to close the undertaking or part for the purpose of granting leave which has accrued to a majority of the employees engaged in that undertaking or part, at a time at which, and for a period for which, it is in accordance with a custom observed in the undertaking for the undertaking or part to be closed for that purpose, provided that it is not contrary to the terms of any other law or of any award, order or determination of an industrial authority or of an industrial agreement for employees to be so stood down; or

(b) from standing down an employee engaged in that undertaking for the reason that -

(i) inclement weather;

(ii) the breakdown, or unavoidable stoppage for repair, of machinery;

/(iii) a failure

 

* Notified in the Commonwealth Gazette on , 1944.

Statutory Rules 1942, No. 34, as amended by Statutory Rules 1942, Nos. 102, 113 and 345; 1943, Nos. 23, 88, 98 and 209; and 1944, Nos. 38, 54, 56, 61 and 68.

(iii) a failure in the supply of electricity or gas to the undertaking; or

(iv) damage to, or destruction of, plant, equipment or buildings,

has rendered it impracticable for the employee to perform his duties, provided that it is not contrary to the terms of any other law or of any award, order or determination of an industrial authority or of an industrial agreement, and that it is customary in the undertaking, for an employee to be stood down for that reason,

and the continuity of the service of employees so stood down shall, for the purpose of calculating rights to leave, be deemed not to have been broken by reason only of that standing down.”.