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

Overview

The Statutory Rules 1947 No. 67, made under the Defence (Transitional Provisions) Act 1946, address the need for transitional adjustments in employment regulations within the coal and shale mining industries. Enacted by the Governor-General in and over the Commonwealth of Australia, acting on the advice of the Federal Executive Council, this legislation aims to ensure a smooth transition post-World War II by updating employment regulations to include the shale mining industry. The policy objective is to provide continuity and security in the mining sector by extending the regulatory framework to cover both coal and shale mining industries, thus supporting the national security and economic recovery efforts of the time.

Scope and Application

The regulation under the Defence (Transitional Provisions) Act 1946 pertains to the amendment of the National Security (Coal Mining Industry Employment) Regulations, extending their scope to include members of the shale mining industry. This regulatory amendment applies to both the coal and shale mining sectors within the Commonwealth of Australia, thereby encompassing individuals or entities engaged in these industries. The amendment ensures that the provisions originally intended for the coal mining industry are now equally applicable to those involved in shale mining, thereby maintaining consistency in regulatory oversight across related industries. The regulation does not explicitly exclude any specific persons, entities, or transactions from its scope, thus it broadly affects all relevant industries and their workforce within the designated geographic and jurisdictional boundaries of the Commonwealth. The regulation is made under the authority of the Governor-General in accordance with the Defence (Transitional Provisions) Act 1946, and its implementation is supported by subordinate instruments as necessary.

Key Provisions

The primary operative sections of this legislation pertain to the amendment of the National Security (Coal Mining Industry Employment) Regulations. Specifically, Regulation 18a is amended to include members of the shale mining industry within its scope (regulation 18a). This means that the provisions which previously applied only to the coal mining industry now also apply to the shale mining industry. This extension is achieved by inserting the words "and members in the shale mining industry" after the figures "1946" in sub-regulation (1.), and by adding the words "or members of the Federation in the shale mining industry" at the end of sub-regulation (2.). These amendments impose obligations and requirements on the entities governed by the Regulations. Both coal and shale mining industries now fall under the purview of the National Security (Coal Mining Industry Employment) Regulations. This likely includes requirements such as employment standards, security checks, and other regulatory compliance that were initially designed for the coal mining industry. By extending the scope to include the shale mining industry, these entities must now adhere to the same regulatory framework, ensuring uniformity in regulatory oversight across related industries. There are no explicit offences, penalties, or civil/criminal consequences detailed within this specific regulation. However, any breach of the National Security (Coal Mining Industry Employment) Regulations, now including the shale mining industry, would likely result in the enforcement actions as outlined in the parent Act and any associated regulations. The Defence (Transitional Provisions) Act 1946, under which these Regulations are made, could potentially impose administrative penalties, enforcement actions, or other measures for non-compliance. The exact penalties would depend on the specific nature of the breach and the provisions of the overarching legislation.