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

STATUTORY RULES.

1943. No. 144.

 

REGULATION UNDER THE NATIONAL SECURITY ACT 1939-1940.*

I, THE DEPUTY OF 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 twenty-seventh day of May, 1943.

WAKEHURST

Deputy of the Governor-General.

By His Excellency’s Command,

JOHN CURTIN

Minister of State for Defence.

 

Amendment of the National Security (Supplementary) Regulations.

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

Stoppages of work in protected undertakings.

“103.—(1.) Where any lock-out, strike or stoppage of work occurs at any protected undertaking and the Prime Minister is satisfied that the lock-out, strike or stoppage occurred because, without lawful excuse (proof whereof shall lie upon the employer, servant, agent or employee, as the case may be)—

(a) the employer in the undertaking, or any servant or agent of the employer actively concerned in the conduct of the business of the undertaking, failed to perform the obligations of the employer under any law, or under any industrial award, order, determination, agreement or code, or under any custom, relating to the undertaking;

(b) the employer, servant or agent acted contrary to any such law, award, order, determination, code or custom;

(c) an employee in the undertaking failed to perform the obligations of the employee under any such law, award, order, determination, agreement, code or custom; or

 

* Notified in the Commonwealth Gazette on 27th May, 1943.

Statutory Rules 1940, No. 126, as amended to date. For previous National Security (Supplementary) Regulations, See footnote   to Statutory Rules 1943, No. 48, and also Statutory Rules 1943, Nos. 63, 78, 86, 87,  88, 103, 104, 111, 112, 114, 115 and 138.

3317.—Price 3d.

 

(d) an employee in the undertaking acted contrary to any such law, award, order, determination, agreement, code or custom,

the Prime Minister may declare—

(i) in the case of any such employer or servant or agent—that any exemption from service in the Defence Force granted to the employer, servant or agent shall cease to be in force; or

(ii) in the case of an employee—that the employee shall be deemed to have ceased to be a person employed in a protected undertaking.

“(2.) Upon the making of a declaration under this regulation the person in respect of whom the declaration is made shall forthwith—

(a) in the case of an employer or a servant or an agent of an employer—cease to be exempt from service in the Defence Force; or

(b) in the case of an employee—be deemed not to be employed in a protected undertaking,

and, in either case, if that person—

(c) is liable to serve in the Citizen Forces, he may, subject to section 61 of the Defence Act 1903-1941 and regulation 6 of the National Security (Man Power) Regulations, be forthwith called upon to enlist and serve in the Citizen Forces; or

(d) is not liable to serve in the Citizen Forces (by reason of his being exempt from service in the Defence Force or otherwise), he may be forthwith directed by the Director-General of Man Power to perform work or services in accordance with regulation 15 of the National Security (Man Power) Regulations and, thereupon, the provisions of those Regulations shall apply in relation to the person so directed.

“(3.) In this regulation, ‘protected undertaking’ has the same meaning as in the National Security (Man Power) Regulations.”.

 

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