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

Legislation au C1948L00045 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1948. No. 45.

 

REGULATIONS UNDER THE DEFENCE (TRANSITIONAL PROVISIONS) ACT 1946-1947.*

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 Defence (Transitional Provisions) Act 1946-1947.

Dated this sixth day of April, 1948.

W. J. McKELL

Governor-General.

By His Excellency’s Command,

W. P. ASHLEY

for and on behalf of the Minister of State for Post-war Reconstruction.

 

Amendments of the National Security (Coal Mining Industry Employment) Regulations.†

Powers of Central Reference Board.

1. Regulation 8 of the National Security (Coal Mining Industry Employment) Regulations is amended by omitting sub-regulation (1.) thereof and inserting in its stead the following sub-regulation :—

“(1.) The Central Reference Board shall have power to consider and determine any industrial dispute or matter of which it has cognizance, and for that purpose shall have (in addition to any other powers conferred on it by these Regulations) all powers which are given to the Court or the Chief Judge of the Court or to a Conciliation Commissioner by the Act or by the National Security (Industrial Peace) Regulations or by the Act as applied and construed by those Regulations in respect of an industrial dispute or matter in respect of which the Court or a Conciliation Commissioner has jurisdiction.”.

Cognizance of disputes.

2. Regulation 10a of the National Security (Coal Mining Industry Employment) Regulations is amended by adding at the end thereof the following sub-regulation :—

“(3.) For the purpose of their application to and in relation to the Tribunal, the provisions referred to in the last preceding sub-regulation shall extend to industrial disputes and to matters of which the Tribunal has cognizance by virtue of the Coal Industry Act 1946.”.

 

* Notified in the Commonwealth Gazette on 6th April, 1948.

† Being the Regulations having that title as in force under the Defence (Transitional Provisions) Act 1946-1947. The Regulations under the National Security Act 1939-1946 having the corresponding title comprise Statutory Rules 1941, No. 25, as amended by Statutory Rules 1941, Nos. 38, 159, 212, 262 (as amended by 1941, No. 281), 270, 281, 299; 1942, Nos. 100, 311, 422 and 525; 1943, Nos. 278 and 295; and 1944, Nos. 48 and 83. These Regulations have been further amended by Statutory Rules 1947, Nos. 42, 61 and 67; and 1948, No. 3.

2052.—Price 3d.


3. After regulation 20 of the National Security (Coal Mining Industry Employment) Regulations, the following regulation is added :—

Certain instruments to have full force and effect.

“21.—(1.) Notwithstanding the operation of, or anything contained in, the Commonwealth Conciliation and Arbitration Act 1947, all instruments which the Central Reference Board, a Local Reference Board or the Tribunal has, since the commencement of that Act and prior to the commencement of this regulation, issued or purported to issue as its awards, orders, determinations or decisions, in relation to industrial disputes or to matters of which it had cognizance or in respect of which it otherwise had jurisdiction either under the National Security (Coal Mining Industry Employment) Regulations or under the Coal Industry Act 1946, shall, by virtue of this regulation, have full force and effect for all purposes according to their tenor, and, subject to this regulation, the provisions of those Regulations or of that Act, as the case requires, shall apply to and in relation to those instruments in like manner as they apply to and in relation to awards, orders, determinations and decisions given or made under those Regulations or under that Act, as the case may be, and, for that purpose, those instruments shall be deemed to be awards, orders, determinations or decisions of the Central Reference Board, Local Reference Board or Tribunal, as the case may be.

“(2.) Nothing in the last preceding sub-regulation shall affect the rights of any person under a judgment obtained by him prior to the commencement of this regulation.”.

 

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

Overview

The Statutory Rules 1948, No. 45, made under the Defence (Transitional Provisions) Act 1946-1947, aim to address the transitional challenges faced by the coal mining industry as Australia moved from wartime to peacetime operations. Enacted by the Governor-General in Council, these regulations focus on modifying the National Security (Coal Mining Industry Employment) Regulations to ensure the continued regulation of industrial disputes in the coal mining sector. The policy objective is to maintain industrial peace and efficient operations within the coal mining industry during this period of transition, ensuring that existing agreements and determinations retain their legal force and effect.

Scope and Application

The Statutory Rules 1948 No. 45, made under the Defence (Transitional Provisions) Act 1946-1947, specifically address the National Security (Coal Mining Industry Employment) Regulations. These Regulations apply to the Central Reference Board and the Tribunal, extending their powers to consider and determine industrial disputes and matters within the coal mining industry. The provisions of these Regulations are designed to ensure that the instruments issued by the Central Reference Board, Local Reference Board, or the Tribunal since the commencement of the Commonwealth Conciliation and Arbitration Act 1947, and prior to the commencement of these Regulations, retain their full force and effect. This ensures continuity in the regulation of industrial relations within the coal mining sector. The Regulations also clarify the cognizance of disputes, ensuring that the Tribunal's jurisdiction is properly aligned with the Coal Industry Act 1946. The application of these Regulations is nationwide, impacting all entities and persons involved in the coal mining industry across Australia.

Key Provisions

The primary operative sections of the Statutory Rules 1948 No. 45 pertain to amendments of the National Security (Coal Mining Industry Employment) Regulations. Regulation 8 is amended (section 1) to expand the powers of the Central Reference Board, allowing it to consider and determine any industrial dispute or matter within its jurisdiction, with powers similar to those of the Court, Chief Judge, or a Conciliation Commissioner. Regulation 10a is also amended (section 2) to extend the cognizance of the Tribunal to include industrial disputes and matters governed by the Coal Industry Act 1946. Additionally, a new regulation, 21, is introduced (section 3) to ensure that instruments issued by the Central Reference Board, Local Reference Board, or the Tribunal prior to the commencement of the Commonwealth Conciliation and Arbitration Act 1947 have full force and effect. These Regulations impose several obligations on the parties involved, particularly the Central Reference Board and the Tribunal. They must now have the authority to consider and determine any industrial dispute or matter within their jurisdiction, similar to the powers of the Court and Conciliation Commissioner. Moreover, the Tribunal's jurisdiction is extended to include industrial disputes and matters governed by the Coal Industry Act 1946. Furthermore, instruments issued by these bodies prior to the commencement of the Commonwealth Conciliation and Arbitration Act 1947 must be recognised as having full force and effect. Breach of these Regulations may lead to various consequences. While the specific offences, penalties, or civil/criminal consequences are not detailed within the text, it is implied that failure to comply with the amended Regulations could result in legal challenges or disputes regarding the validity of decisions made under the new provisions. Given the historical context of the Regulations, non-compliance could potentially lead to legal actions seeking to overturn or challenge the authority of the Central Reference Board, Local Reference Board, or the Tribunal to issue such instruments.

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National Security Law
Instrument
Legislative Instrument
Concepts
Delegation & Subordinate Legislation
Transitional Provisions
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