National Security (Supplementary) Regulations (Amendment) (Cth)

STATUTORY RULES.

1942. No. 242.

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 twenty-eighth day of May, 1942.

GOWRIE

Governor-General.

By His Excellency’s Command,

E. J. WARD

for and on behalf of the Minister of

State for Defence.

 

Amendments of the National Security (Supplementary) Regulations. 

1. Regulation 29 of the National Security (Supplementary) Regulations is repealed and the following regulation inserted in its stead:—

“Holidays.

29.—(1.) The employer, manager, or occupier of every establishment, factory, mine, dockyard, or workshop, which is engaged wholly or partly in production for war or defence purposes, or in the repair or overhaul of munitions of war, and every Commonwealth or State Department, or authority of the Commonwealth or of a State engaged on work associated with the prosecution of the war, shall, on every day to which this regulation applies, carry on such production, repair, overhaul or work in the same manner and to the same extent as wouldbe the case if that day were an ordinary working day.

“(2.) Every employee engaged on any such production, repair, overhaul or work on any day to which this regulation applies shall be entitled to such compensation as is prescribed by the appropriate law or industrial award, order, determination or agreement.

 

* Notified in the Commonwealth Gazette on 28th May, 1942.

  Statutory Rules 1940, No. 126, as amended by Statutory Rules 1940, Nos. 151, 169, 213, 228, 233, 234, 245 and 257; 1941, Nos. 75, 88, 100, 140, 197, 200, 222, 249, 296, 297, 303, 314, 318, 320 and 323; and 1942, Nos. 16, 20, 21, 36, 40, 50, 57, 62, 68, 72, 78, 90, 111, 125, 132, 147, 150, 153, 154, 157, 161, 172, 175, 183, 188, 189, 197, 201, 213, 219, 230 and 233.

3910.—Price 3d.

 

“(3.) Where an employee who is so engaged is not entitled under any law or industrial awards, order, determination or agreement to additional payment in respect of his being or having been so engaged, any tribunal or authority having jurisdiction to determine disputes or claims in respect of rates of pay or conditions of employment in relation to the work on which the employee is employed may, upon the application of the employee or any organization of employees to which he belongs, determine that the employee shall be entitled, for having been so engaged, to additional payment at such rate as, in all the circumstances (including the regularity of the employee’s attendance at work), the tribunal or authority thinks just, and the employee shall thereupon be entitled to payment accordingly.

“(4.) An employee to whom any such determination applies shall be entitled to sue for, and recover, in any court of competent jurisdiction, any payment to which he is entitled under the determination.

“(5.) A person shall not, within fifty miles of any establishment, factory, mine, dockyard, workshop or place, hold or conduct or cause or permit to be held or conducted—

(a) any race meeting for horses or dogs; or

(b) any organized meeting for the purpose of carrying on any athletic game or sport,

on any day on which, in accordance with this regulation, production, repair, overhaul or work is required to be carried on at that establishment, factory, mine, dockyard, workshop or place.

“(6.) A person who is the owner, lessee or occupier of, or who has control of, any racecourse, recreation ground, building or other place shall not cause, permit or suffer to be held thereon any meeting in violation of, or contrary to, this regulation.

“(7.) For the purposes of this regulation—

‘day to which this regulation applies’, in relation to any establishment, factory, mine, dockyard, workshop, Department or authority, means any day before the first day of December, 1942, which, by virtue of any law of the Commonwealth or any State or Territory of the Commonwealth or by virtue of any award, order or determination of any industrial tribunal or any industrial agreement, is to be observed as a holiday or public holiday at the establishment, factory, mine, dockyard or workshop or the place at which the Department or authority carries on its functions; and

‘munitions of war’ includes the whole or any part of any ship, submarine, aircraft, engines, arms, ammunition, bombs, torpedoes, mine or other article, material or device (whether actual or proposed) intended or adapted for use in war.”.

Repeal of regulation 44.

2. Regulation 44 of the National Security (Supplementary) Regulations is repealed.

 

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