STATUTORY RULES.
1918. No. 92.
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REGULATIONS UNDER THE DEFENCE ACT 1903-1917.
Regulations for the Conduct and Management of Government Factories—Regulation 46—Amendment. Regulation 96—Cancellation.
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 Defence Act 1903-1917 to come into operation forthwith.
Dated this fifth day of April, 1918.
R. M. FERGUSON,
Governor-General.
By His Excellency’s Command,
G. F. PEARCE,
Minister of State for Defence.
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Regulations for the Conduct and Management of Government Factories.
Amendment and Cancellation.
Regulation 46 is amended to read as follows, to take effect from 25th September, 1917:—
“46. Unless specially exempted by the Minister, all officers, foremen, or employees subject to Universal Military Training must comply with the Military Regulations, otherwise they forfeit their employment. Officers, foremen, and employees who are obliged under Military Regulations to absent themselves from work will be granted leave, and the difference between the military pay received for working days and the pay which they would have received had they remained at work will be made up by the Department, except when the training required is for failure to become efficient or while undergoing confinement for an offence. Officers, foremen, and employees absent on holidays granted under these Regulations will be permitted to retain both military and civilian pay if attending military camp during such holidays.”
Regulation 96 is cancelled.
Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.
Overview
The Statutory Rules 1918, No. 92, are regulations made under the Defence Act 1903-1917 by the Governor-General in Council, effective from 25th September 1917. These regulations address the conduct and management of government factories by amending and cancelling specific provisions to align with military training requirements. The objective is to ensure that officers, foremen, and employees comply with military regulations, with specific provisions for those who must be absent from work for military reasons, ensuring they receive appropriate pay and leave. These regulations underscore the integration of military training with civilian employment during the period of the First World War.
Scope and Application
The Statutory Rules 1918 No. 92 amends the Regulations under the Defence Act 1903-1917 to govern the conduct and management of government factories. This legislative instrument applies to all officers, foremen, and employees of these factories who are subject to Universal Military Training. Unless specially exempted by the Minister, these individuals must comply with Military Regulations, and failure to do so may result in forfeiture of their employment. It also provides that those who are obliged to be absent from work for military reasons will be granted leave and compensated for the difference in pay by the Department, except in cases where the training is for failing to become efficient or while undergoing confinement for an offence. Furthermore, those absent on holidays granted under these Regulations will be allowed to retain both military and civilian pay if they are attending a military camp during such holidays. This regulation aims to balance the requirements of national defence with the employment conditions of government factory workers. The regulation does not specify any exclusions or exemptions other than those granted by the Minister, and it cancels the previous Regulation 96, indicating a streamlined approach to the management of government factories during the period of military engagement.
Key Provisions
The legislative instrument modifies two regulations under the Defence Act 1903-1917. Regulation 46 (1) stipulates that all officers, foremen, and employees at government factories who are subject to Universal Military Training must adhere to the Military Regulations, unless exempted by the Minister. Failure to comply results in forfeiture of employment. Furthermore, employees who are required by Military Regulations to take leave from their duties will be granted leave, and any difference between their military pay for the days worked and what they would have earned if they remained at work will be compensated by the Department, except when the absence is due to inefficiency or confinement for an offence. Additionally, employees who are granted holidays under these Regulations and choose to attend a military camp during this time can retain both their military and civilian pay (Regulation 46 (2)). On the other hand, Regulation 96, which previously existed, has been cancelled and is no longer applicable.
The Act imposes several obligations on the officers, foremen, and employees working in government factories. Firstly, they must comply with the Military Regulations unless they are exempted by the Minister. This includes taking leave when required for military training, except in cases of inefficiency or confinement for an offence. Secondly, the Department is required to compensate employees for any difference between their military pay for the days worked and the pay they would have earned if they remained at work, unless the absence is due to inefficiency or confinement for an offence. Thirdly, employees who attend a military camp during their holidays granted under these Regulations can retain both their military and civilian pay.
There are no explicit offences, penalties, or consequences for breach mentioned in the text. However, the primary consequence of non-compliance with the Military Regulations is the forfeiture of employment, as stated in Regulation 46 (1). Furthermore, employees who do not comply with the leave requirements or who fail to attend military camps during their holidays, if applicable, may not be eligible for the specified compensation or pay retention. The text does not provide details on any maximum penalties that may apply for non-compliance.