National Security (Stevedoring Industry) Regulations (Amendment) (Cth)

STATUTORY RULES.

1942. No. 385.

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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 fourth day of September, 1942.

(SGD.) GOWRIE.

Governor-General.

By His Excellency’s Command,

(Sgd.) E. J. WARD

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

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Amendments of the National Security (Stevedoring Industry) Regulations.

Stevedoring Industry Commission.

1. Regulation 7 of the National Security (Stevedoring Industry) Regulations is amended by omitting from sub-regulation (5.) the words “actually incurs” and inserting in their stead the words “certifies that he has actually incurred”.

Powers of the Commission.

2. Regulation 11 of the National Security (Stevedoring Industry) Regulations is amended by inserting after paragraph (k) the following paragraph:—

“(ka) prescribing the payments to be made by persons for whom stevedoring operations are carried out by the Commission or for whom labour other than that of registered waterside workers is made available for stevedoring operations or for whose benefit provision is made for the transfer, transport, sustenance or accommodation of waterside workers and making provision for the receiving of such payments;”.

 

* Notified in the Commonwealth Gazette on , 1942.

  Statutory Rules 1942, No. 159, as amended by Statutory Rules 1942, Nos. 206, 217, 235, 237, 299 and 331.

6091.—Price 3d. 25/1.9.1942.

 

3. After regulation 11 of the National Security (Stevedoring Industry) Regulations the following regulation is inserted:—

Power to incur expenditure.

“11a.—(1.) Subject to this regulation, the Commission or the Chairman may on behalf of the Commonwealth incur expenditure, not exceeding Five thousand pounds in respect of any one transaction or matter, arising out of the exercise of any of its powers or functions under these Regulations.

“(2.) The Chairman shall not, in respect of any one transaction or matter, incur any expenditure under this regulation in excess of Two thousand pounds unless the Commission has approved of the transaction or matter.”.

4. After regulation 23 of the National Security (Stevedoring Industry) Regulations the following regulation is inserted:—

Conditions of taking work or accepting employment.

“23a.—(l.) The taking of work by an employer, his servant or agent, shall be subject to the condition that, where the Commission has power to make an order under regulation 22 of these Regulations, the Commission may, in addition to, or in lieu of exercising that power, determine—

(a) that the employer, his servant or agent shall pay to the Commission on behalf of the Commonwealth such sum, not exceeding One hundred pounds, as the Commission determines;

(b) that the employer, his servant or agent shall not in any manner recover from, or charge to, or reimburse himself from, any other person whatsoever, any sum so paid; and

(c) that in the case of a servant or agent, the employer of the servant or agent shall not pay any such sum to, for or on behalf of, the servant or agent, or recompense him, either in cash or in kind, or confer upon him any other benefits, or employ him in any other capacity, or do anything whatsoever whereby the loss shall not be borne by the servant or agent personally.

“(2.) The acceptance of employment by a waterside worker shall be subject to the condition that, where the Commission has power to cancel or suspend the registration of the waterside worker under regulation 15 of these Regulations or to make an order under the last preceding regulation, the Commission may, in addition to, or in lieu of, exercising that power, determine—

(a) that the waterside worker shall, notwithstanding any loss of wages sustained by him under any gang or rotary system of employment, pay to the Commission on behalf of the Commonwealth such sum, not exceeding Twenty-five pounds, as the Commission determines; and

(b) that the Commission may, by order, require any employer of a waterside worker to deduct any sum so determined from any wages due at the date of the determination or thereafter becoming due from the employer to the waterside worker and to pay that sum to the Commission on behalf of the Commonwealth.

 

“(3.) In default of payment by any person being an employer, a servant, an agent or a waterside worker of any sum determined to be paid by that person under any condition specified in this regulation, the Commission may recover that sum as a debt due to the Commonwealth in any court of competent jurisdiction.

“(4.) The liability of any person to make a payment under any condition specified in this regulation shall be in addition to any liability which he may incur in respect of any contravention of these Regulations or of any order made thereunder or in respect of a breach of any award of the Court.

“(5.) Where the Commission assigns to a Waterside Employment Committee its powers and functions, or any of them, under any condition specified in this regulation, any reference in the condition to the Commission shall be deemed to include a reference to that Committee.”.

Waterside Employment Committees.

5. Regulation 24 of the National Security (Stevedoring Industry) Regulations is amended—

(a) by inserting, after sub-regulation (1.), the following sub-regulation:—

“(1a.) The Committee shall be a body corporate with perpetual succession and a common seal.”; and

(b) by omitting from sub-regulation (10.) the word and figures “and 23”, and inserting in their stead the symbol, word and figures “, 23 and 23a”.

Powers and functions of Committees.

6. Regulation 25 of the National Security (Stevedoring Industry) Regulations is amended by adding at the end thereof the following sub-regulation:—

“(2.) Where, in these Regulations, the exercise of any power or function by the Commission is dependent upon the opinion of the Commission in relation to any matter and that power or function is assigned under this regulation to a Committee, that power or function may be exercised by the Committee upon its opinion in relation to the matter.”.

 

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