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

STATUTORY RULES.

1944. No. 54.

 

REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939–1943.*

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 1939-1943.

Dated this twenty second day of March, 1944.

(sgd.) GOWRIE

Governor-General.

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 by inserting in sub-section (1.), after the word “undertaking” (first occurring), the words “, or any person or body of persons empowered to terminate the employment of persons employed in the undertaking,”.

Appeals to Local Appeal Boards.

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

(a) by omitting from sub-regulation (1.) the words “or of the giving of the direction” and inserting in their stead the words “, or within such further time as the Director-General, in special circumstances, allows”; and

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

“(7.) Where, on an appeal under this regulation, a Local Appeal Board allows an appeal from a decision of

 

* 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, No.

300.—Price 3d. 10/9.2.1944.

 

the Director-General granting permission to an employer to terminate the employment of a person, the employer shall, if the employment of that person has been terminated, forthwith re-instate the person in his employment in an occupation and under conditions not less favourable to him than those which were applicable to him immediately prior to the termination of his employment.”.

Suspension from employment of persona engaged in protected undertakings.

3. Regulation 16aof the National Security (Man Power) Regulations is amended by adding at the end thereof the following sub-regulation:—

“(10.) In any prosecution for an offence arising under sub-regulation (7.) or (9.) of this regulation, the Court may, in addition to imposing a penalty, order the defendant to pay to the person suspended any wages to which that person is entitled under whichever of those sub-regulations is applicable and the like proceedings may be taken upon the order as if the order were a judgment of the court in favour of that person.”.

Special provisions with respect to appeal tribunals of Commonwealth or State authorities.

4. Regulation 16c of the National Security (Man Power) Regulations is amended by omitting paragraph (b) of sub-regulation (2.) and inserting in its stead the following paragraph:—

“(b) nothing in regulation 14 of these Regulations shall prevent the termination of the employment of any such person in the protected undertaking on the ground of serious misconduct.”.

 

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