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

STATUTORY RULES.

1942. No. 125.

 

REGULATION 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 Regulation under the National Security Act 1939-1940.

Dated this twelfth day of March, 1942.

GOWR1E

Governor-General.

By His Excellency’s Command,

JOHN J. DEDMAN

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

 

Amendment of the National Security (Supplementary) Regulations.

The National Security (Supplementary) Regulations are amended by adding at the end thereof the following regulation:—

Persons not to absent themselves from employment on certain holidays.

“44. (1.) Notwithstanding the provisions of any other law (whether of the Commonwealth or of a State or Territory of the Commonwealth), except in the case of—

(a) illness or incapacity;

(b)absence of an employee on a day occurring during a period of leave of absence granted to the employee for the purposes of recreation; or

(c) a domestic or other pressing emergency,

or except in any particular case in which, prior to the failure of a person to perform his duties or the absence of a person, the Minister of State for Labour and National Service has stated in writing, and informed the person accordingly, that the reason for the failure or absence is satisfactory, an employee, or an employer who is actively engaged in the conduct or control of any business, shall not, without reasonable cause (proof whereof shall lie upon him) fail to perform

 

* Notified in the Commonwealth Gazette on 12th March, 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, 63, 72, 78, 90 and 111.

1789.—Price 3d.

his duties or absent himself from his place of employment or business, or from the place where his duties are usually performed, at any time on any of the days to which this regulation applies during the period during which he is required by the terms and conditions of his employment to be, on an ordinary working day or business day, at that place of employment or business, or, where there are no such requirements, during which it is customary or usual for an employee or employer engaged in similar classes of employment or business to be, on an ordinary working day or business day, at the place of employment or business.

“‘(2.) Compensation for work on any of the days to which this regulation applies shall be as prescribed by the appropriate law or industrial award, order, determination or agreement.

“(3.) This regulation shall extend to employees of or under the Commonwealth or any State, employees of or under any authority of the Commonwealth or any State and employees under the Administration of the Northern Territory.

“(4.) For the purposes of this regulation the expression ‘days to which this regulation applies’, in relation to any employer or employee, mean days, other than the 3rd, 4th and 25th April, 1942, which would, but for this regulation, before the 30th June, 1942, be observed as holidays at the place at which the employer is engaged in business or the employee is employed, but does not include any days which are allowed off, or allowed as holidays, at regular intervals, as compensation for the conditions of employment peculiar to any business or employment.”.

 

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