War Precautions (Coaling Battalions) Regulations 1916 (Cth)

STATUTORY RULES.

1916. No. 136.

REGULATIONS UNDER THE WAR PRECAUTIONS ACT 1914-1916.

War Precautions (Coaling Battalions) Regulations 1916.

I, SIR ARTHUR STANLEY, Governor of the State of Victoria and its Dependencies, in the Commonwealth of Australia, acting as the Deputy of the Governor-General in accordance with the provisions of the Constitution, noting with the advice of the Federal Executive Council, hereby make the following Regulations under the War Precautions Act 1914-1916, to come into operation forthwith.

Dated this fifth day of July, 1916.

A. L. STANLEY,

Deputy of the Governor-General.

By His Excellency’s Command,

G. F. PEARCE,

Minister of State for Defence.

____________

The War Precautions (Coaling Battalions) Regulations 1916.

Short title.

1. These Regulations may be cited as the War Precautions (Coaling Battalions) Regulations 1916.

Definitions.

2. In these Regulations—

“Contract” means any contract or agreement under which it is agreed that coal shall be loaded into or discharged from any vessel, ship, boat or lighter, in the performance of which contract or agreement coal would ordinarily be handled by members of a Naval Transport Coaling Battalion in the course of their usual avocation, whether or not any Officer or member of the Battalion is a party to such contract or agreement;

“Minister” means the Minister for the Navy.

Creation of Naval Transport Coaling Regulations.

3. Naval Transport Coaling Battalions may be created for the purpose of coaling His Majesty’s Australian Transport and Naval Cargo Ships at any place within the Commonwealth.

Officers of Battalion.

4.Each Battalion shall be under the command of such officers as the Minister may deem necessary, and such officers may be commissioned officers of the Royal Australia Naval Reserve Forces with or without honorary rank.

Rate of pay of members of Battalion.

5.The rates of pay of members of Battalions and the conditions under which their duties are to be performed shall be fixed by the Minister, and the Minister may alter such rates and conditions from time to time as he may deem advisable.

Navy Department to have first call on service of members of Battalion.

6.The Department of the Navy, through the officers of the Battalions, shall have first call on the labour of each member thereof for coaling His Majesty’s Australian Transports and Naval Cargo Ships, and any member of a Battalion may be required by the officer commanding that Battalion or some other officer acting for him to leave any

C.8831.—Price 3d.

other work in which he may be engaged or to refrain from engaging in any other work in order that such member may engage in the work of coaling a transport or cargo-ship.

Power of minister to cancel certain contracts.

7.(1) If in the opinion of the Minister any contract would, if allowed to continue in force, be likely to—

(a) interfere with the performance by any Battalion of its duties, or

(b) cause an industrial dispute between members of any Battalion and any officer or officers of the Battalion whether in their capacity as members and officers of the Battalion or otherwise, or

(c) create such industrial discontent or unrest among members of any Battalion as would tend to reduce the number or efficiency of the members of the Battalion, the Minister may by notification published in the Gazettecancel the contract, and thereupon the contract shall be determined and the parties there to shall be discharged from any obligation to further perform the contract:

Provided that such cancellation shall not affect any rights or obligations which have accrued prior to the publication of the notification thereof in the Gazette.

(2) No action shall be brought against the Minister or the Commonwealth or any party to a contract for compensation or damages on account of the cancellation of such contract under sub-regulation (1) of this Regulation.

Existing Battalion deemed to be created under these Regulations.

8. Any Battalion created prior to the commencement of these Regulations shall be deemed to have been created under these Regulations.

______________________________

Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.