National Security (Coal Control) Regulations (Amendment)

Overview

The Statutory Rules 1942 No. 168, Regulations under the National Security Act 1939-1940, were enacted to address the need for stringent controls over coal production during wartime. These regulations were made under the authority of the Governor-General in Council, acting on advice from the Minister of State for Defence Co-ordination. The overarching policy objective was to ensure the continuous operation of coal mines and the availability of coal, a critical resource for the war effort, by preventing disruptions due to employee strikes or refusals to work. The regulations aimed to maintain production by prohibiting variations in production methods without authorisation and by imposing penalties on employees who refused to work without reasonable cause.

Scope and Application

The Regulations under the National Security Act 1939-1940 pertain specifically to the management and operations of coal mines within the Commonwealth of Australia. These regulations apply to any person employed at a coal mine, including employees and managers, ensuring that coal mines remain operational and that employees adhere to their work obligations. The regulations mandate that coal mines remain open and operational, barring any changes in production methods without the approval of an industrial tribunal or authority, or the consent of the Commission. Additionally, the regulations stipulate that employees must attend for work and perform their duties at the coal mine as usual, with penalties for those who refuse or fail to do so without reasonable cause. In cases where employees’ refusal or failure to work results in the cessation or reduction of coal production, the owner or manager of the coal mine is required to notify the Commission, who may then direct the offending employees to serve in either the Citizen Military Forces or the Army Labour Corps. These regulations extend nationally across Australia, applying uniformly to all coal mines and employees within the Commonwealth.

Key Provisions

The Regulations under the National Security Act 1939-1940, specifically amending the National Security (Coal Control) Regulations, primarily address the operation and labour requirements at coal mines. Regulation 27A has been amended to ensure that coal mines remain open and operational, and any changes to the methods of production at these mines must be made in accordance with an award, order, or determination of an industrial tribunal or authority, or with the consent of the Commission. This change underscores the importance of maintaining consistent production methods to meet national security needs during wartime. Regulation 27B and 27C have been repealed and replaced with new provisions that mandate employees at coal mines to attend for work and operate as usual, under penalty of being directed to serve in the Citizen Military Forces or the Army Labour Corps if they fail to do so without reasonable cause. These regulations are designed to ensure that coal mines continue to function effectively, even in the face of labour disruptions. The obligations imposed by these Regulations are significant. Coal mine owners and managers must ensure that their employees adhere to the mandated work schedules and production methods. They are required to promptly notify the Commission if operations cease due to employee refusal or failure to work and provide details of the cause. Similarly, if production is reduced but not entirely halted, the owners or managers must also report the affected employees and the reasons for the reduction to the Commission. These obligations aim to maintain the continuity of coal production, which is critical for the national war effort. The Regulations also place a responsibility on employees to attend for work and to perform their duties as usual, with any refusal or failure to do so without reasonable cause subject to disciplinary action by the Commission. Failure to comply with these Regulations can result in severe consequences. Employees who refuse or fail to attend for work or to work at a coal mine without reasonable cause can be directed by the Commission to serve in the Citizen Military Forces or the Army Labour Corps. The age of the employee determines the specific force to which they are assigned, with those under thirty-five years of age having the option of serving in either the Citizen Military Forces or the Army Labour Corps, while those thirty-five years and older must serve in the Army Labour Corps. These directives underscore the gravity of labour disruptions in coal mines and the government's intent to ensure that such disruptions do not impede the war effort. The Regulations do not explicitly state penalties for non-compliance, but the potential for mandatory military service serves as a strong deterrent against non-compliance.