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

Statutory Rules 1944, No. 56.(d)

Provisions relating to persons employed in protected undertakings.

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

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

(b) by inserting after that paragraph the following paragraph :—

“(ba) except as provided in regulation 16a of these Regulations, stand down or suspend from duty any person employed therein; or ”; and

(c) by inserting after sub-regulation (3.) the following sub-regulation :—

“(3a.) Where, on or after the first day of March, 1944, and whether before or after the date of commencement of this sub-regulation, a person employed in a protected undertaking has, without the permission in writing of the Director-General or of a person authorized by him, been stood down or suspended from duty otherwise than in pursuance of regulation 16a of these Regulations, the person so employed shall, on resuming duty, be entitled to be paid by his employer, in respect of that portion of the period for which he was stood down or suspended which is subsequent to the date of commencement of this sub-regulation, the remuneration which would have been paid to him if, during that portion of the period, he had performed his duties on all working days during ordinary working hours.”.

(2.) Where an employer carrying on a protected undertaking has, on or after the first day of March, 1944, and prior to the date of commencement of this regulation, stood down or suspended from duty (otherwise than in pursuance of regulation 16a of the National Security (Man Power) Regulations) a person employed in the undertaking, the employer shall forthwith take all steps necessary for the resumption of duty by that person, not later than such date as the Minister specifies, in the position which that person occupied at the time he was stood down or suspended.

Appeals to Local Appeal Boards.

2. Regulation 16 of the National Security (Man Power) Regulations is amended—

(a) by inserting in sub-regulation (7.), after the word “Director-General “, the words “ or of a person authorized by him”; and

 

(d) Made under the National Security Act 1939-1943 on 27th March, 1944; notified in the Gazette on 27th March, 1944.

 

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

“(8.)Where a Local Appeal Board allows an appeal under this regulation from a decision of the Director-General or of a person authorized by him granting permission to an employer to stand down or suspend any person from duty, the employer shall, if that person has been so stood down or suspended, take all steps necessary for the resumption of duty by that person forthwith, in the position which he occupied at the time he was stood down or suspended, and the person stood down or suspended shall be entitled to be paid by the employer in respect of the period for which he was stood down or suspended the remuneration which would have been paid to him if, during that period, he had performed his duties on all working days during ordinary working hours.”.