STATUTORY RULES.
1948. No. .
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 Regulation under the Defence (Transitional Provisions) Act 1946-1947.
Dated this first day of June 1948.
W. J. McKell
Governor-General.
By His Excellency’s Command,
for and on behalf of the Minister of State for Post-war Reconstruction.
Amendment of the National Security (Coal-mining Industry Employment) Regulations.†
Appointment of Local Reference Boards.
Regulation 12 of the National Security (Coal-mining Industry Employment) Regulations is amended by adding at the end thereof the following sub-regulation :—
“(6.) If a Chairman is unable, through illness or other cause (including his appointment under this sub-regulation as Acting Chairman of another Local Reference Board), to execute the duties of his office, the Chairman of the Central Reference Board may appoint another person to be Acting Chairman of the Local Reference Board during the inability, and the Acting Chairman shall, while holding such office, be deemed, for the purpose of these Regulations, to be the Chairman of that Local Reference Board.”.
* Notified in the Commonwealth Gazette on , 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, Nos. 3 and 45.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
2670.—Price 3d. 10/13.5.1948.
Overview
The Defence (Transitional Provisions) Act 1946-1947 was enacted to provide transitional measures necessary for the winding up of defence activities following the conclusion of World War II. This Act was introduced by the Australian Parliament to address the need for orderly transition and to ensure the smooth cessation of wartime measures and the reintegration of defence personnel into civilian life. The policy objective of this Act is to facilitate the transition from wartime to peacetime by providing for the necessary administrative and regulatory changes. As part of this legislative framework, the Defence (Transitional Provisions) Regulations 1948 were made to amend existing regulations, such as the National Security (Coal-mining Industry Employment) Regulations, to reflect the changing circumstances and requirements of the post-war period.
Scope and Application
This Statutory Rule, made under the Defence (Transitional Provisions) Act 1946-1947, amends the National Security (Coal-mining Industry Employment) Regulations, specifically Regulation 12 concerning the appointment of Local Reference Boards. It applies to the coal-mining industry, which includes both employers and employees within this sector, by providing a framework for the appointment of Acting Chairmen for Local Reference Boards in the event of the Chairman's inability to perform their duties due to illness or other reasons, including their concurrent appointment as Acting Chairman of another Local Reference Board. The regulation is intended to ensure the continuity of operations and decision-making within the Local Reference Boards. The scope of this amendment is limited to the Commonwealth, as it is a federal regulation. No specific exclusions or exemptions are outlined in the text, and the application of these provisions is not extended or restricted by subordinate instruments.
Key Provisions
The primary operative section of these regulations (Regulation 12) introduces a new sub-regulation (6) that addresses the appointment of Acting Chairmen for Local Reference Boards within the National Security (Coal-mining Industry Employment) Regulations. Specifically, this sub-regulation allows for the appointment of an Acting Chairman if the current Chairman is unable to perform their duties due to illness or other causes, including if they are already serving as the Acting Chairman of another Local Reference Board. The Acting Chairman, while holding this position, is deemed to be the Chairman for all purposes under these regulations.
Under these regulations, the parties or entities governed are required to ensure that Local Reference Boards maintain operational continuity in the event of the Chairman’s incapacity. This involves the Central Reference Board having the authority to appoint an Acting Chairman when necessary. This appointment ensures that the Local Reference Board can continue its functions without disruption, thereby maintaining the integrity and efficiency of the regulatory framework governing the coal-mining industry.
Breaching the provisions of these regulations by failing to appoint an Acting Chairman when required, or by improperly appointing someone who is not qualified or who is already overburdened with duties, could lead to significant operational disruptions within the Local Reference Boards. Although the regulations do not explicitly state the penalties for such breaches, non-compliance could result in administrative or legal consequences, as the effectiveness of the regulatory framework could be compromised. The exact consequences would depend on the severity of the breach and the discretion of the relevant authorities.