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

Overview

Statutory Rules 1947 No. 61, made under the Defence (Transitional Provisions) Act 1946, were introduced to address transitional issues arising from the end of World War II and to provide for the orderly transfer of powers and responsibilities from wartime regulations to peacetime governance. The Act was enacted by the Parliament of Australia to ensure that the regulatory framework smoothly transitioned from wartime measures to peacetime legislation. The primary policy objective was to facilitate the re-establishment of civil governance and industry regulation by modifying existing wartime regulations to align with post-war requirements. These regulations specifically targeted amendments to the National Security (Coal Mining Industry Employment) Regulations, reflecting the need to adapt labour and industry policies to the new post-war economic environment.

Scope and Application

The Statutory Rules 1947, No. 61, made under the Defence (Transitional Provisions) Act 1946, primarily amend the National Security (Coal Mining Industry Employment) Regulations to alter the composition and operational procedures of the Central Reference Board. This legislation applies to the coal mining industry, particularly focusing on the employment and regulation within this sector during a transitional period post-war. The amendments involve changes to the appointment and duties of the Chairman and other members of the Central Reference Board, aiming to ensure continuity and functionality in the oversight and administration of coal mining industry employment. Geographically, these regulations apply within the Commonwealth of Australia, reflecting the federal nature of the legislative framework. There are no explicit exclusions or thresholds mentioned within the text; however, the regulations specifically address the appointment and functioning of the Board, indicating a targeted approach to certain entities and roles within the coal mining industry. The application of this Act may be further extended or refined through subordinate instruments, as permitted under the overarching Defence (Transitional Provisions) Act 1946.

Key Provisions

The Regulations under the Defence (Transitional Provisions) Act 1946 make several amendments to the National Security (Coal Mining Industry Employment) Regulations (section 1). Firstly, the regulation pertaining to the appointment of members of the Central Reference Board is altered such that the Governor-General must now appoint these members, except for the Chairman (section 1(a), (b), (c)). Additionally, the Constitution of the Board for the exercise of its powers is amended to allow for an Acting Chairman to be appointed when the Chairman is unable to perform their duties (section 2(1a)). The Regulations also contain a saving provision, ensuring that members of the Central Reference Board who were in office at the commencement of these Regulations continue to hold their positions as if these Regulations had not been enacted (section 3). These Regulations impose specific obligations on the Governor-General, who is responsible for appointing the members of the Central Reference Board, except for the Chairman, and ensuring the continuity of the Board's operations. The Regulations also place a duty on the Board to ensure that an Acting Chairman is appointed when the Chairman is unable to perform their duties, thereby maintaining the operational efficiency of the Board. Breach of these Regulations could result in various civil or criminal consequences, although the specific penalties are not detailed within the text provided. The broader Defence (Transitional Provisions) Act 1946 and other relevant legislation would likely outline the potential penalties for non-compliance with these Regulations. Generally, penalties for breaches of regulations in Australia can include fines, imprisonment, or other legal actions, depending on the severity of the breach and the specific provisions of the relevant Act.