National Security (Reinstatement in Civil Employment) Regulations (Amendment) (Cth)

STATUTORY RULES.

1945. No. 59.

 

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-sixth day of April, 1945.

HENRY

Governor-General

By His Royal Highness’s Command,

E. J. HOLLOWAY

for and on behalf of the Minister of State for Defence.

 

Amendments of the National Security (Reinstatement in Civil Employment) Regulations. 

Definition.

1. Regulation 4 of the National Security (Reinstatement in Civil Employment) Regulations is amended—

(a) by omitting from sub-regulation (3.) the words “and, where that service has, on the recommendation of the Director-General of Man Power, been terminated” and inserting in their stead the words “or, where the war service of any person has, on the recommendation of the Director-General of Man Power or a Deputy Director-General of Man Power or a person thereto authorized by the Director-General or by a Deputy Director-General of Man Power, been terminated subsequently to the twentieth day of December, 1944”; and

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

“(4.) Any notification or statement under the last preceding sub-regulation may be given to a former employer or a person by serving it upon him personally or by sending it to him by post in a letter addressed to his place of abode or business last known to the Minister, and, if it is sent by post, the former employer or the person shall, unless the contrary is proved, be deemed to have been notified or to have received the statement at the time at which the letter would be delivered in the ordinary course of post”.

* Notified in the Commonwealth Gazette on 27th April, 1945.

  Statutory Rules 1944, No. 187.

948.—Price 3d.

 

Notice of date on which applicant will be available for employment.

2. Regulation 7 of the National Security (Reinstatement in Civil Employment) Regulations is amended by inserting in sub-regulation (2.), after the word “served”, the words “personally or by post”.

Expiration and renewal of application.

3. Regulation 8 of the National Security (Reinstatement in Civil Employment) Regulations is amended by inserting in sub-regulation (1.), after the word “served”, the words “personally or by post”.

Appointment of Reinstatement Committees.

4. Regulation 14 of the National Security (Reinstatement in Civil Employment) Regulations is amended by inserting, after sub-regulation (2.), the following sub-regulations:—

“(2a.) In the event of the illness or absence of the chairman of a Reinstatement Committee, any person appointed by the Minister to be a deputy chairman of the Committee shall have, and may exercise, all the powers and functions of the chairman.

“(2b.) Any acts done by a deputy chairman as such shall not, in any proceedings, be questioned on the ground that the occasion for the exercise of his powers had not arisen or had ceased.”.

Extension of periods within which application, &c., may be made.

5. Regulation 15 of the National Security (Reinstatement in Civil Employment) Regulations is amended by adding at the end thereof the following sub-regulations:—

“(2.) A Reinstatement Committee may extend any period specified in paragraph (a), (b) or (c) of the last preceding sub-regulation, notwithstanding that that period has expired.

“(3.) Where, after the expiration of the period specified in sub-regulation (2.) of regulation 8 of these Regulations as the period at the expiration of which an application shall cease to have effect, a Reinstatement Committee has extended that period, the application shall thereupon revive and shall continue in force until the expiration of the extended period.”.

 

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