National Security (Maritime Industry) Regulations (Cth)

STATUTORY RULES.

1942. No. 2.

 

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 second day of January, 1942.

GOWRIE

Governor General.

By His Excellency’s Command,

H. V. EVATT

for and on behalf of the Minister of State for Defence Co-ordination.

 

National Security (Maritime Industry) Regulations.

Citation.

1. These Regulations may be cited as the National Security (Maritime Industry) Regulations.

Purpose of Regulations.

2. The purpose of these Regulations is to secure during the present war the adequate and efficient manning of Australian merchant ships and the improvement and safeguarding of the conditions of all persons serving therein, and these Regulations shall be administered accordingly.

Administration.

3. These Regulations shall be administered by the Minister of State for Commerce.

Definitions.

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

“employee” means a person, not being a pilot, who is employed or engages, offers or is qualified for employment, in any sea-going capacity in a ship;

“ship” means a ship registered in Australia or engaged in the coasting trade within the meaning of the Navigation Act 1912–1935;

“the Commission” means the Maritime Industry Commission constituted under these Regulations.

 

* Notified in the Commonwealth Gazette on 2nd January, 1942.

26.—Price 3d.

Application.

5. These Regulations shall bind the Crown both in the right of the Commonwealth and in the right of any State.

Maritime Industry Commission.

6.—(1.) There shall be a Commission to be called the Maritime Industry Commission which shall consist of a Chairman and eight other members.

(2.) The Commission shall be a body corporate with perpetual succession and a common seal.

(3.) The Chairman shall be appointed by the Governor-General and shall hold office on such terms and conditions as the Governor-General determines and shall represent the public interest.

(4.) The other members of the Commission shall be appointed by the Minister and shall hold office on such terms and conditions as the Minister determines.

(5.) The Commission may make by-laws for the purpose of regulating its proceedings and the transaction of its business.

(6.) The Chairman and four other members shall form a quorum.

Powers of Commission.

7.—(1.) For the fulfilment of the purpose of these Regulations the Commission may make orders providing for all or any of the following matters:—

(a) The determination, variation or rescission of, or addition to the terms and conditions of employment of employees, or any of such terms or conditions, in relation to, or as incidental to, the standard or ordinary hours of work in any week of employees in the maritime industry not exceeding forty-four;

(b) The granting of leave to employees;

(c) The accommodation and catering in ships for employees therein;

(d) The provision of accommodation and catering for employees while on shore;

(e) The manning of ships, the selection of ships’ complements, and the terms and conditions under which persons may become qualified for ranks or ratings;

(f) The number of the various classes of employees, classified according to their ranks and ratings, to be carried in any ship or class of ship;

(g) Preference in employment in ships;

(h) The recognition and elevation of the status of an employee as performing essential war service on behalf of the Commonwealth of Australia;

(i) The amount of payments to be made to employees by reason of war risks;

(j) The employment of shore labour in respect of work in port which otherwise would be done by seamen;

(k) The employment on ships, during the present war, of persons who are usually engaged in employment ashore, and the protection of the rights and interests of such persons in relation to their subsequent reinstatement in employment ashore, including the preservation of their existing and accruing rights; and

(l) Any matter which appears to the Commission to be conducive to the purpose of these Regulations.

(2.) Any order made under this regulation may be framed so as to apply either in relation to all employees, ships and places, or in relation to such particular employees, ships or places, or to such particular classes of employees, ships or places as are specified in the order.

(3.) Any order made under this regulation shall, notwithstanding anything contained in any law of the Commonwealth or of a State or Territory of the Commonwealth or any award, order or determination of any industrial tribunal or any industrial agreement, have full force and effect.

Forty-four hour week.

8. Notwithstanding anything contained in any law of the Commonwealth or of any State or Territory of the Commonwealth or in any award, order or determination of any industrial tribunal or in any industrial agreement, the standard or ordinary hours of work in any week of employees in the maritime industry shall not exceed forty-four.

Delegation by Commission.

9.—(1.) The Commission may, by instrument in writing and at its discretion, delegate to any person or body of persons all or any of its powers, functions and authorities under these Regulations (except this power of delegation) in relation to any matter or class of matters so that the delegated powers functions and authorities may be exercised by the delegate with respect to the matters or class of matters specified in the instrument of delegation.

(2.) Every delegation by the Commission shall be revocable in writing at will and no delegation shall prevent the exercise of any power, function or authority of the Commission.

Saving of certain regulations.

10. These Regulations shall not prejudice the operation of regulations 7a, 7b, 48 or 48a of the National Security (General) Regulations, or the National Security (Aliens Control) Regulations.

 

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