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

STATUTORY RULES.

1945. No. 66.

REGULATION UNDER THE NATIONAL SECURITY ACT 1939–1943.*

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 1939–1943.

Dated this fifth day of May, 1945.

HENRY

Governor-General.

By His Royal Highness’s Command,

E. J. HOLLOWAY

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

 

Amendment of the National Security (Supplementary) Regulations.

After regulation 118 of the National Security (Supplementary) Regulations, the following regulations are inserted:—

Holiday to celebrate the victory in Europe.

“118a.—(1.) The day following the day on which the Prime Minister announces that hostilities in the war in Europe have ceased or, if the first-mentioned day falls on a Saturday or a Sunday, the next following Monday, is hereby declared to be a public holiday, and is in this regulation referred to as ‘the prescribed day’.

“(2.) Subject to this regulation, every employee shall be entitled to a holiday, without deduction or lose of pay, and every employer who is actively engaged in the conduct or control of any business shall be entitled to a holiday, on the prescribed day.

“(3.) Notwithstanding the provisions of any other law, except in the case of—

(a) illness or incapacity;

(b) a domestic or other pressing emergency,

 

* Notified in the Commonwealth Gazette on 5th May, 1945.

Statutory Rules 1940, No. 126, as amended to date. For previous National Security (Supplementary) Regulations see footnote to Statutory Rules 1944, No. 157, and also Statutory Rules 1944, Nos. 162 and 188; and 1945, Nos. 18, 37, 51 and 53.

2501.—Price 3d.

 

an employee or employer who is directed by a Minister to work during the prescribed day shall not, without reasonable cause (proof whereof shall lie upon him), fail to perform 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 the prescribed day 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, 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.

“(4.) Any employee of an employer to whom a direction under this regulation has been given, who is required by that employer to work during the prescribed day, shall be deemed to have been directed under this regulation so to work.

“(5.) The employer of an employee entitled to a holiday under this regulation shall for that holiday, where the employee is not required to work on that day, pay to the employee in respect of the pay period which includes that holiday—

(a) where the employee does not work under a shift system— the amount ordinarily payable to him for one full day’s work; or

(b) where the employee works under a shift system—the amount ordinarily payable to him for working one full shift on an ordinary working day.

“(6.) Where an employee is directed, under this regulation, to work on the prescribed day, compensation for work in pursuance of that direction shall be as prescribed by the appropriate law, and for the purposes of this sub-regulation the prescribed day shall be deemed to be a holiday within the meaning of that law.

“(7.) If any dispute arises between an employer and an employee with respect to the operation of any provision of this regulation, an Industrial 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, on application by the employer or any organization of employers or employees to which the employer or employee belongs, hear the dispute and advise the parties as to the terms on which the dispute should be settled and, failing acceptance of those terms, shall hear and determine the dispute and the parties to the dispute shall comply with the determination.

“(8.) An employee who is entitled to any payment under this regulation may sue for, and recover, in any court of competent jurisdiction, any payment to which he is entitled.

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

‘employee’ means a person—

(a) who is employed by any person in any industry;

(b) who, whether so employed or not—

(i) is employed at or in any 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;

   

(ii) is engaged in connexion with the construction of works for defence purposes or of works declared by the Minister to be essential for the defence of the Commonwealth; or

(iii) is employed in connexion with—

(1) any transport service; or

(2) the production or distribution of coal, electricity or gas,

necessary for the carrying on of any production, repair, overhaul, construction or work specified in the preceding paragraphs of this definition or for any other purpose associated with the prosecution of the war;

(c) who is employed by any person in or in connexion with any business, trade, occupation or profession;

(d) who is employed by the Commonwealth or by any authority of the Commonwealth;

(e) who is employed by a State or by any authority of a State and who is engaged on work associated with the prosecution of the war; or

(f) who is otherwise employed by a State or by any authority of a State;

‘Industrial Authority’ has the same meaning as in regulation 4 of the National Security (Holidays and Annual Leave) Regulations;

‘law’ means law of the Commonwealth or of a State or Territory of the Commonwealth and includes an industrial award, order, determination or agreement.

Directions.

“118b.—(1.) A direction under the last preceding regulation may be given so as to apply according to its tenor—

(a) to all or any employers or employees included in a class of employers or employees specified in the direction; or

(b) to any particular employer or employee so specified.

“(2.) Where any such direction is published in the Gazette, the direction shall be deemed to have been sufficiently served upon, or brought to the notice of, all persons concerned or affected by the direction.

“(3.) Without affecting the generality of the last preceding sub-regulation, where any such direction is given so as to apply to any particular person, it may be served upon that person by delivering a copy of the direction to him by hand or by sending it to him by registered post.”.

   

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