National Security (Chinese Seamen) Regulations

Legislation au C1943L00302 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1943. No. 302.

 

REGULATIONS 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 Regulations under the National Security Act 1939-1943.

Dated this seventeenth day of December, 1943.

(SGD.) GOWRIE.

Governor-General.

By His Excellency’s Command,

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

 

National Security (Chinese Seamen) Regulations.

Citation.

1. These Regulations may be cited as the National Security (Chinese Seamen) Regulations.

Administration.

2. These Regulations shall be administered by the Minister of State for Supply and Shipping.

Definitions.

3. In these Regulations, unless the contrary intention appears—

“Chinese seaman” means a person of Chinese nationality or race who is, or has been on or after the seventh day of December, 1941, employed in a sea-going capacity on a ship;

“Australian-trade ship” has the same meaning as in the Navigation Act 1912-1942, and includes a ship operating from Australia as head-quarters and subject, in respect of the nature of the employment of the ship, to control by the Commonwealth;

“shipowner” includes the manager or secretary of any company or body corporate and any person to whom the whole or a part of a ship belongs and also includes any person or authority having control of a ship;

“Superintendent” has the same meaning as in the Navigation Act 1912-1942.

* Notified in the Commonwealth Gazette on      , 1943.

3484.—Price 3d.        10/26.11.1943.


“the Industrial Authority” means a Judge of the Commonwealth Court of Conciliation and Arbitration or a Conciliation Commissioner appointed under the Commonwealth Conciliation and Arbitration Act 1904-1934 or under that Act as applied and construed by the National Security (Industrial Peace) Regulations.

Employers and employees to observe certain conditions.

4.—(1.) The rates of remuneration to be paid to, and the conditions of employment to be observed by and in respect of, Chinese seamen employed for service on Australian-trade ships shall be such rates and conditions as are determined by the Minister by order in writing or as are determined in pursuance of the next succeeding regulation.

(2.) The Minister may make orders for the purposes of the last preceding sub-regulation and for providing for payments to and maintenance for any Chinese seaman waiting on shore for engagement for service on a ship.

(3.) A shipowner who employs a Chinese seaman for service on an Australian-trade ship shall not pay or offer to pay, or observe or offer to observe, and a Chinese seaman employed for that service shall not accept or seek to accept, or observe or seek to observe, rates of remuneration or conditions of employment different from the rates of remuneration or conditions of employment specified in any such order or in any determination made under the next succeeding regulation.

Reference of disputes to Industrial Authority.

5.—(1.) If any dispute arises between a shipowner and a Chinese seaman employed by him as to the interpretation of the provisions of any order made in pursuance of the last preceding regulation in their application to or in relation to the Chinese seaman, or with respect to any matter for which provision is not made in any such order, the dispute may be referred by the Minister to the Industrial Authority for determination.

(2.) The Industrial Authority shall forthwith deal with and determine the dispute and for that purpose shall have and may exercise in relation to the dispute the like powers as the Commonwealth Court of Conciliation and Arbitration has and may exercise in relation to industrial disputes of which it has cognizance.

Service of order and determinations.

6.—(1.) A copy of every order made under regulation 4, and a copy of every determination made under regulation 5, of these Regulations—

(a) shall be served by a Superintendent upon every shipowner who employs a Chinese seaman and who has not already been served with a copy of the order or determination;

(b) shall be furnished to the Consul-General for China in Australia;

(c) shall be served on the Secretary of the association known as the Chinese Seamen’s Union; and

(d) shall be filed in the office of each Superintendent and shall be there open for inspection, during office hours, by any shipowner or by any Chinese seaman.

(2.) Any such order or determination may be served on a shipowner either personally or by letter sent by registered post and addressed to the last-known place of business of the shipowner.


(3.) A copy of every such order and a copy of every determination shall be filed in the Commonwealth Court of Conciliation and Arbitration and shall thereupon have effect in all respects and be enforceable as if it were an award of that Court binding on all shipowners employing Chinese seamen serving on Australian-trade ships, and on all Chinese seamen so serving, to whom the order or determination applies.

Operation of provisions of orders.

7. The provisions of any order made under these Regulations shall, in relation to any Chinese seaman serving at the commencement of these Regulations on an Australian-trade ship, if expressed so to do, apply, so far as possible, in respect of the service given by that seaman, under the articles under which he is serving, at any time on or after the first day of January, 1943, or, if the articles so provide, as on and from such earlier date as is specified in the articles, but any payment made to any such seaman in respect of service prior to the commencement of these Regulations shall be set off against any payment in respect of that service to be made under these Regulations.

 

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

Overview

The National Security (Chinese Seamen) Regulations 1943 were made under the National Security Act 1939-1943 to address the specific employment conditions and rates of remuneration for Chinese seamen working on Australian-trade ships, particularly in the context of World War II. Enacted by the Governor-General in Council, the regulations were designed to ensure fair employment practices and resolve any disputes that might arise between shipowners and Chinese seamen. The policy objective was to maintain industrial peace and stability in the maritime sector by setting clear guidelines for remuneration and employment conditions, and by providing a mechanism for dispute resolution through the Industrial Authority.

Scope and Application

The National Security (Chinese Seamen) Regulations 1943, made under the National Security Act 1939-1943, establish specific conditions for the employment of Chinese seamen on Australian-trade ships. These Regulations apply to Chinese seamen, defined as persons of Chinese nationality or race who have been employed in sea-going capacities on ships on or after 7 December 1941, as well as to shipowners who employ these seamen on Australian-trade ships. The Regulations are administered by the Minister of State for Supply and Shipping, and they extend to any ship that qualifies as an Australian-trade ship, including those operating from Australia as headquarters and subject to Commonwealth control. These Regulations mandate that the rates of remuneration and conditions of employment for Chinese seamen must adhere to orders issued by the Minister or determinations made by the Industrial Authority, a Judge of the Commonwealth Court of Conciliation and Arbitration or a Conciliation Commissioner appointed under the Commonwealth Conciliation and Arbitration Act 1904-1934. Disputes between shipowners and Chinese seamen regarding the interpretation of these provisions or related matters may be referred to the Industrial Authority for resolution. The Regulations also stipulate the service and enforcement of orders and determinations, ensuring that they are communicated to relevant parties and are enforceable as if they were awards of the Commonwealth Court of Conciliation and Arbitration.

Key Provisions

The National Security (Chinese Seamen) Regulations, made under the National Security Act 1939-1943, establish specific conditions and requirements for the employment of Chinese seamen on Australian-trade ships. These regulations, administered by the Minister of State for Supply and Shipping, outline the rates of remuneration and conditions of employment for Chinese seamen, which are to be determined by the Minister through written orders or through determinations made by the Industrial Authority (section 4). Shipowners and Chinese seamen are prohibited from agreeing on or observing rates of remuneration or conditions of employment that differ from those specified in any such orders or determinations (section 4(3)). Disputes arising between shipowners and Chinese seamen regarding the interpretation of these provisions or any matters not covered by the orders may be referred to the Industrial Authority for resolution (section 5). The Industrial Authority has the authority to determine these disputes with the same powers as the Commonwealth Court of Conciliation and Arbitration (section 5(1)). Orders made under these regulations and determinations made by the Industrial Authority must be served upon relevant parties, including shipowners, the Consul-General for China in Australia, and the Secretary of the Chinese Seamen's Union, and must be filed with the Superintendent and the Commonwealth Court of Conciliation and Arbitration (section 6). The Regulations impose clear obligations on both shipowners and Chinese seamen. Shipowners must adhere to the rates of remuneration and conditions of employment as determined by the Minister or the Industrial Authority. They are prohibited from offering or accepting different rates of remuneration or conditions of employment for Chinese seamen employed on Australian-trade ships (section 4(3)). Similarly, Chinese seamen are bound by these rates and conditions and cannot seek or accept different terms from those specified in the orders or determinations. The Minister and the Industrial Authority are tasked with ensuring compliance with these provisions, including resolving disputes that may arise. Breaches of these regulations could lead to legal consequences. Although the specific offences and penalties are not detailed in the provided excerpt, it can be inferred that non-compliance with the orders or determinations regarding rates of remuneration and conditions of employment could result in legal action. Given the historical context of these regulations, the penalties for such breaches might include fines or other enforcement actions deemed necessary to ensure adherence to the prescribed terms. The detailed enforcement mechanisms and specific penalties would likely be outlined in other sections of the Act or in related legislation.

Legal classification tags

Area of Law
National Security Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Reporting & Disclosure Obligations
Enforcement Powers

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.