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

STATUTORY RULES.

1941. No. 314.

 

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 eighteenth day of December, 1941.

GOWRIE

Governor-General.

By His Excellency’s Command,

H. V. EVATT

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

 

Amendment of the National Security (Supplementary) Regulations.

Regulation 19 of the National Security (Supplementary) Regulations is amended—

(a) by omitting sub-regulation (3.) and inserting in its stead the following sub-regulations:—

“(3.) Where, in order to maintain a reasonable degree of production at any premises, it is essential that existing equipment at those premises should be overhauled, repaired or reconditioned during the period from 25th December, 1941, to 3rd January, 1942 (both inclusive), the employer may, during the whole or any portion of that period, close the whole of the premises or such portion of the premises as is necessary in order to carry out such overhaul, repair or reconditioning.

“(3a.) Subject to sub-regulations (3.) and (2.) of this regulation, and notwithstanding the provisions of any order made under these Regulations prior to the commencement of this sub-regulation, such employer shall not close his premises, or any portion thereof, during any portion of the period from the 25th December, 1943, to 3rd January, 1942 (both inclusive), except where, in order to maintain a reasonable degree of production at those premises, it is essential that

 

* Notified in the Commonwealth Gazette on 18th December, 1941.

  Statutory Rules 1940, No. 126. as amended by Statutory Rules 1940, Nos. 151, 169, 213, 228, 233, 245 and 257 ; and 1941, Nos. 75, 88, 100, 140, 197, 200, 222, 249, 296, 297 and 303.

8299.—Price 3d

 

the existing equipment at those premises should be overhauled, repaired, or reconditioned during that period (proof of the existence of the facts constituting which exception shall be upon the employer).

“(3b.) Any employer shall not take or purport to take the action specified in sub-regulation (3.) of this regulation unless he has first notified the Secretary by registered letter addressed to any office of the Department of Labour and National Service or the office of the Industrial Registrar, Hobart, of his intention so to do, including particulars of the equipment requiring repair, overhaul or reconditioning, the reasons for such requirement and the number of employees usually employed at the premises and employed in connexion with such equipment.

“(3c.) The Minister, the Premier of a State, the Administrator of a Territory of the Commonwealth or the Secretary may authorize any person or class of persons to enter, if necessary by force and with such assistance as is necessary, any premises for the purpose of inspecting the premises and anything therein in connexion with the operation of this regulation.

“(3d.) Any report made by any person authorized in pursuance of the last preceding sub-regulation with respect to any premises or anything in any premises inspected by him or in relation to the closing during the period from the 25th December, 1941, to the 3rd January, 1942 (both inclusive), of any such premises, shall in any proceedings in respect of a contravention or non-compliance with this regulation be prima facie evidence of the contents thereof.

“(3e.) For the purposes of the last five preceding sub-regulations of this regulation, and without lessening the generality of the provisions thereof, an employer shall be deemed to have closed his premises or any portion of his premises during any period if work or business is not carried on at those premises or that portion during that period to the extent to which it is normally carried on, or if he causes or permits any of his employees at those premises to absent themselves from work or duty during that period except on the ground of illness or other pressing emergency.

“(3f.) The onus of proof under sub-regulation (3a.) of this regulation shall not be discharged by an employer by reason only of proof that the equipment at the premises was not capable of maintaining its maximum degree of production or the degree of production normally maintained by it.”; and

(b) by inserting after sub-regulation (5.) the following sub-regulation:—

“(5a.) Notwithstanding anything contained in the last two preceding sub-regulations, where any person is entitled under sub-regulation (4.) of this regulation to be paid a sum in lieu of annual leave or leave of absence, he may, on a day at which he is at work and before the date on which payment of the sum is to be made, elect, by informing his employer that he desires to do so, to retain his existing or accruing rights to the annual leave or leave of absence he is entitled to under any law, award, order, determination or industrial agreement in lieu of the annual leave or leave of absence which, by reason of this regulation, is not granted to him.”.

 

By Authority: L. F.