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

STATUTORY RULES.

1941. No. 11.

REGULATIONS UNDER THE NATIONAL SECURITY ACT 1930-1940.*

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 twenty-third day of January, 1941.

GOWRIE

Governor-General.

By His Excellency’s Command,

A. FADDEN

Acting Minister of State for Defence Co-ordination.

 

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

1. After regulation 2 of the National Security (Reinstatement in Civil Employment) Regulations the following regulation is inserted:—

Employer not to terminate employment by reason of liability of employee for war service.

“2a.—(1.) An employer shall not terminate the employment of any person employed by him for the reason that that person is or may become liable to perform any war service.

“(2.) In any proceedings for an offence in respect of a contravention of this regulation, where it is proved that the employment of any person who was or might have become liable to perform war service was terminated by his employer, it shall lie upon the employer to show that the employment of that person was terminated for some reason other than that he was or might have become liable to perform war service.”.

Reinstatement in employment of persons who have rendered war service.

2. Regulation 3 of the National Security (Reinstatement in Civil Employment) Regulations is amended by omitting from sub-regulation (1.) the words “commencement of such war service” and inserting in their stead the words “date upon which he volunteered for war service or received a notice requiring him to perform war service (as the case may be)”.

Repeal of regulation 5.

3. Regulation 5 of the National Security (Reinstatement, in Civil Employment.) Regulations is repealed.

 

* Notified in the Commonwealth Gazette on 20th January, 1941.

  Statutory Rules 1939, No. 176. as amended by Statutory Rules 1940, Nos. 63 and 103.

 

4. After regulation 6 of the National Security (Reinstatement in Civil Employment) Regulations, the following regulation is added:—

War service to be reckoned as service in employment.

“7.—(1.) Notwithstanding anything contained, in any law or in any award, order, determination or instrument whatever made or issued under that law, but subject to this regulation, all periods of war service (other than war service covered by paragraph (b) of the definition of ‘ war service ’ as defined in regulation 2 of those Regulations) of any person shall, for the purpose of determining the right of that person to leave of absence or pay in lieu of leave of absence in respect of his employment, be deemed to be service in his employment.

“(2.) For the purposes of this regulation, the periods of war service to be taken into account in relation to any person in any period of service in his employment (not exceeding twelve months) in respect of which ho is entitled to leave of absence or pay in lieu thereof, shall not exceed, in the aggregate, ninety days; but where the periods of war service in any such period of service in employment of any person exceed ninety days in the aggregate, the continuity of the employment of the person shall not be deemed to be broken by reason of his absence from employment on the days so in excess.”.

 

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