National Security (Coal Mining Industry Employment) Regulations (Amendment)

Overview

Statutory Rules 1942 No. 442, made under the National Security Act 1939-1940, was introduced to address the need for more structured governance and accountability within the coal mining industry during wartime. Enacted by the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, the regulation aimed to enhance the efficiency and oversight of employment regulations in the coal mining sector, which was deemed critical to national security. The policy objective of this regulation was to ensure that the local reference boards, including their chairpersons, could effectively manage employment practices and industrial relations in the coal mining industry while being held accountable for their actions through the provision of clear terms of office and the ability for the Minister to remove chairpersons for misbehaviour or incapacity.

Scope and Application

This legislative instrument amends the National Security (Coal Mining Industry Employment) Regulations under the National Security Act 1939-1940. The regulations pertain specifically to the coal mining industry, targeting employment practices and related oversight within this sector. The regulation applies to all individuals and entities engaged in the coal mining industry, including employers and employees, and specifically mandates the appointment of Local Reference Boards to oversee employment-related activities within this industry. The amendment to Regulation 12 concerns the term of office for the chairmen of these boards, stipulating that their term shall last either for two years or until the regulations cease to operate, whichever is shorter, and grants the Minister the authority to remove a chairman for reasons of misbehaviour or incapacity. The jurisdiction of these regulations is nationwide, applying across the Commonwealth of Australia, and they do not explicitly exclude any particular group or entity within the coal mining industry. This regulation extends the application of the National Security Act 1939-1940 to ensure that employment practices in the coal mining sector are conducted in a manner that aligns with national security objectives.

Key Provisions

The key operative sections of this legislation relate to the amendment of the National Security (Coal Mining Industry Employment) Regulations, specifically focusing on the term of office and the grounds for removal of the Chairman of Local Reference Boards. Regulation 12 is amended by adding sub-regulations (4) and (5). Sub-regulation (4) stipulates that the term of office for each Chairman will be for two years or until the Regulations cease to be in effect, whichever is shorter. Sub-regulation (5) empowers the Minister to remove a Chairman from office due to misbehaviour or incapacity. These amendments impose specific obligations on the parties involved. The Chairman of Local Reference Boards must now serve for a defined term, which is the shorter of two years or the duration the Regulations are in effect. This clarity in tenure helps to ensure consistent oversight and management within the coal mining industry. Additionally, the Minister is granted the authority to remove a Chairman if they exhibit misbehaviour or demonstrate incapacity, ensuring that the governance structure remains effective and efficient. There are no explicit offences, penalties, or civil/criminal consequences outlined in the regulation itself. However, the authority granted to the Minister to remove a Chairman on grounds of misbehaviour or incapacity implies that failure to adhere to expected standards of conduct could result in removal from office. The regulation does not specify the process for removal or the potential for appeal, leaving these aspects to be determined by the Minister or relevant legal frameworks.