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

STATUTORY RULES.

1943. No. 231.

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 thirteenth day of September, 1943.

GOWRIE

Governor-General.

By His Excellency’s Command,

J. B. CHIFLEY

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

 

Amendment of the National Security (Supplementary) Regulations.

Regulation 103 of the National Security (Supplementary) Regulations is amended—

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

“(1a.) The objects of this regulation are to promote the public safety, the defence of the Commonwealth and the effectual prosecution of the war by preventing, avoiding and bringing to an end lock-outs, strikes and stoppages of work at undertakings which are engaged in providing goods or services which are necessary to meet the requirements of the Defence Force or the needs of industry in the production of munitions, or which are essential to the life of the community, and this regulation shall be administered and construed accordingly.”;

(b) by omitting sub-regulation (3.); and

(c) by adding at the end thereof the following sub-regulations:—

“(8.) Where, by reason of any industrial dispute or any matter arising or having arisen at any protected undertaking, any lock-out, strike or stoppage of work

 

* Notified in the Commonwealth Gazette on 13th September, 1943.

For previous National Security (Supplementary) Regulations see footnote   to Statutory Rules 1943, No. 222.

5602.—Price 3d.

 

occurs or is continuing, or in the opinion of the Prime Minister is likely to occur, at the protected undertaking, he may—

(a) in the case of a lock-out or a stoppage of work by, or caused by, the employer in the undertaking, or by servants or agents of the employer actively concerned in the conduct of the business of the undertaking, direct the employer and all such servants and agents to discontinue the lock-out or stoppage of work at such time or within such period as is specified in the direction;

(b) in the case of a strike or a stoppage of work by, or caused by, employees in the undertaking, direct all or any employees in the undertaking to resume work at such time or within such period as is specified in the direction; or

(c) in any case where, in the opinion of the Prime Minister, a lock-out, strike or stoppage of work, is likely to occur, direct the employer, his servants and agents and the employees in the undertaking not to do anything in the nature of a lock-out, strike or unusual stoppage of work:

Provided that, until a report under sub-regulation (10.), or an interim report under sub-regulation (11.), of this regulation is furnished, no such direction shall be given in any case where the Prime Minister is satisfied that the lock-out, strike or stoppage of work occurred or is continuing, or that a lock-out, strike or stoppage of work is likely to occur, at the undertaking by reason of a question having arisen at the undertaking, as to whether the safety or health of employees is endangered or likely to be endangered by the continued operation of the undertaking or by any method of operation in use or proposed to be used at the undertaking.

“(9.) When—

(a) any question arises, or has, whether before or after the commencement of this sub-regulation, arisen, at any protected undertaking in any State, as to whether the safety or health of employees is endangered or likely to be endangered by the continued operation of the undertaking or by any method of operation in use or proposed to be used at the undertaking;

(b) by reason of that question having arisen, there is, or the Prime Minister is of opinion that there is likely to be, a look-out, strike or stoppage of work at the undertaking; and

(c) the Prime Minister is satisfied that the question is one which ought to be determined in accordance with this regulation,

 

the Prime Minister may refer the question to the Minister of Health for the State with a request that the question be at once considered and reported upon as provided in this regulation.

“(10.) Where any such question has been referred to the Minister of Health for the State, that Minister may make or cause to be made such investigations and inquiries as he deems necessary and shall furnish to the Prime Minister a report setting out his opinion as to the conditions which should be observed at the undertaking to prevent the safety or health of employees in the undertaking being endangered.

“(11.) The Minister of Health for the State may, pending any action under the last preceding sub-regulation, forthwith furnish to the Prime Minister an interim report setting out his opinion as to the conditions upon which the undertaking may be operated without the safety or the health of the employees in the undertaking being endangered, and the Prime Minister may, thereupon, give such directions in relation to the operation of the undertaking as he considers necessary or desirable by reason of the report, and a person to whom any such direction is given shall forthwith do all things necessary to ensure that the direction is carried out pending the determination under the next succeeding sub-regulation of conditions to be observed in relation to the operation of the undertaking.

“(12.) Where employment in the undertaking is governed or regulated by an award, order or determination of an industrial tribunal, that industrial tribunal, or, where the employment is governed or regulated by an industrial agreement, such industrial tribunal as the Prime Minister specifies, shall forthwith, on its being notified by the Prime Minister, within one month after the question is referred to the Minister of Health for the State, of the terms of the report of that Minister under sub-regulation (10.) of this regulation, consider and determine, or, if the question has previously been considered by the tribunal, reconsider and determine, the question as to the provisions necessary or desirable to be included in the award, order, determination or agreement in relation to the safety or health of employees in the undertaking, and, for the purposes of that consideration or reconsideration and that determination, the report, of the Minister of Health for the State shall be conclusive evidence of the matters contained in the report.

“(13.) Where a determination is made by an industrial tribunal under the last preceding sub-regulation in relation to an undertaking employment in which is governed or regulated by an award, order or determination, every person on whom the determination so made is expressed to be binding shall comply with the determination.

 

“(14.) Where a determination is so made in relation to an undertaking employment in which is governed or regulated by an industrial agreement, the industrial agreement shall be deemed to be varied to give effect to the determination, and every person bound by the agreement shall comply with the determination.

“(15.) Any direction given under this regulation may be given either orally or in writing or by notice published in the Gazette, and, if 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 thereby.

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

“(17.) Every person to whom any direction under this regulation is applicable shall comply with the direction.

“(18.) In this regulation, unless the contrary intention appears—

(a) the expression ‘protected undertaking’ has the same meaning as in the National Security (Man Power) Regulations and includes an undertaking and a branch, department or part of an undertaking, declared or deemed to be a protected undertaking in pursuance of this regulation; and

(b) the expression ‘ the Minister of Health for the State’ means the Minister administering the laws of the State relating to public health.”.

 

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