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

Overview

The Statutory Rules 1941 No. 159, enacted by the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, is a regulation under the National Security Act 1939-1940. This regulation was introduced to address specific operational needs within the coal mining industry during a period of national security concern. The regulation amends the National Security (Coal Mining Industry Employment) Regulations, specifically altering Regulation 19 to provide for the remuneration and allowances of the members of the Central Reference Board and Local Reference Boards. The policy objective of this amendment is to ensure that the remuneration and allowances for these positions are determined by the Minister, providing flexibility and control over the compensation provided to those involved in these critical roles. This legislative instrument was designed to respond to the exigencies of the time, ensuring that the workforce in the coal mining industry, a vital sector during wartime, was managed effectively and efficiently. The regulation ensures that the compensation for those overseeing the employment in this industry is set by the appropriate authority, thus maintaining alignment with national security objectives and operational needs. The regulation was notified in the Commonwealth Gazette and is part of a series of measures enacted to support the war effort and safeguard critical industries.

Scope and Application

This Statutory Rule pertains to amendments made to the National Security (Coal Mining Industry Employment) Regulations under the National Security Act 1939-1940. The regulation specifically modifies Regulation 19, which concerns the fees and allowances payable to members of the Central Reference Board, Local Reference Boards, and their substitutes in the coal mining industry. The regulation repeals the existing provision and introduces a new one that mandates the Minister to determine the remuneration and travel allowances for these board members through a formal order. This legislation applies to individuals who are members of the Central Reference Board and Local Reference Boards within the coal mining sector, and their substitutes, thus affecting their employment conditions. The geographic and jurisdictional reach of these regulations is national, applying across the Commonwealth of Australia, as they are made under an Act of the Commonwealth Parliament. The regulation does not specify any exclusions, exemptions, or thresholds within its text, and the scope of its application is limited to the remuneration and allowances of the specified board members within the coal mining industry. The regulation's implementation and further details, if any, would be provided through subordinate instruments issued by the Minister as per the Act's provisions.

Key Provisions

The Statutory Rules 1941, No. 159, made under the National Security Act 1939-1940, primarily concern the amendment of the National Security (Coal Mining Industry Employment) Regulations. Specifically, Regulation 19, which previously dealt with fees and allowances, is repealed and replaced with a new provision (Regulation 19). The new regulation states that the members (excluding the Chairman) of the Central Reference Board and their substitutes, as well as the members of Local Reference Boards and their substitutes, will receive remuneration and travelling allowances as determined by the Minister through an order (Regulation 19(1)). This change clarifies and updates the financial arrangements for these board members, ensuring that any payments made are subject to ministerial approval. Under this regulation, the Minister is tasked with setting the remuneration and allowances for the specified board members and substitutes. This requirement ensures that the compensation for their services is transparent and subject to official oversight, thereby maintaining accountability within the governance structure of the coal mining industry during times of national security. The regulation also applies to substitutes for board members, ensuring continuity in the governance process should the need arise. Breaches of these provisions or non-compliance with the Minister's orders regarding remuneration and allowances may not explicitly state penalties within the regulation itself. However, given the context of national security legislation, it can be inferred that failure to adhere to these provisions could result in significant legal consequences. Such consequences may include civil or criminal penalties, although the specific details of these penalties are not explicitly outlined in the regulation. The overarching framework of the National Security Act 1939-1940 provides a basis for potential enforcement actions and legal recourse in the event of non-compliance.