National Security (Coal) Regulations (Amendment)

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STATUTORY RULES.

1940. No. .

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REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939.*

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 National Security Act 1939.

Dated this third

day of May , 1940.

Governor-General.

By His Excellency’s Command,

Minister of State for Defence Co-ordination.

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Amendment of the National Security (Coal) Regulations.†

Definitions.

1. Regulation 2 of the National Security (Coal) Regulations is amended by inserting, before the definition of “person, firm, company or authority the following definition:—

“ ‘owner’, in relation to a coal mine, means any person who is the immediate proprietor, or lessee, or occupier of the mine, or of any part thereof, and includes any contractor for the working of the mine, or any part thereof, but does not include a person who merely receives a royalty, rent or fine from the mine, or is merely the proprietor of the mine, subject to any lease, grant or licence for the working thereof, or is merely the owner of the soil and not interested in the minerals of the mine;”.

2. After regulation 5 of the National Security (Coal) Regulations, the following regulations are added:—

Preventing persons from offering, &c., for employment.

“6.—(1.) An organization bound by an award of the Commonwealth Court of Conciliation and Arbitration or of any tribunal constituted under the law of a State or entitled to the benefit of any such award shall not, whether by resolution, instruction, domestic rule or any other means whatsoever, and a person shall not, by persuasion, intimidation or violence, or any means whatsoever, prevent, or attempt to prevent, any person from offering or engaging himself for employment in the coal-mining industry, or in or in relation to the handling, transport or distribution of coal, or induce, or attempt to induce, any person to refrain from offering or engaging himself for such employment.

* Notified in the Commonwealth Gazette on , 1940.

† Statutory Rules 1940, No. 61.

2555.—30/1.5.1940.—Price 3d.

“(2.) No such organization and no person shall, with the object of enforcing compliance with demands made by the organization or person or any other organization or person on any employer in the coal-mining industry, by any means whatsoever, persuade or compel, or attempt to persuade or compel, a person engaged in the coal-mining industry, or in or in relation to the handling, transport or distribution of coal, to abandon or terminate his employment in that industry, or in or in relation to the handling, transport or distribution of coal.

“(3.) In any proceedings for an offence against the last preceding sub-regulation, the averment of the prosecutor that the object, with which the act charged against the accused was done, was the object of enforcing compliance with demands made on an employer in the coal-mining industry, shall be evidence that the object so averred was the object with which the act was done.

Intimidation or violence.

“7. A person shall not, either alone or in company with other persons, exercise, or attempt to exercise, intimidation or violence in relation to, or use threatening or abusive language to, any person because of his employment, or of his offering or having offered for employment, in the coal-mining industry, or in or in relation to the handling, transport or distribution of coal.

Sabotage.

“8.—(1.) A person shall not—

(a) destroy or damage, or impair the efficiency or impede the working of; or

(b) do any act with intent to destroy or damage, or impair the efficiency or impede the working of,

any coal mine, or any building, vessel, vehicle, machinery, apparatus, or other thing used, or intended to be used, or capable of being used, for the purposes of working any coal mine or used, or intended to be used, or capable of being used, for or in relation to the handling, transport or distribution of any coal.

“(2.) The provisions of the last preceding sub-regulation shall apply, in relation to any omission on the part of a person to do any thing which he is under a duty, either to the public or to any person, to do, in like manner as they apply in relation to the doing of any act by a person.

Coal mines to be opened and worked as required by Minister.

“9. The owner of a coal mine shall, as and when required by a Minister by notice in writing served on him personally or by post, do all such things as are necessary for or in relation to the production of coal at that mine and, in particular, such things as are necessary for the opening of the mine and the employment of persons for or in relation to the production of coal at that mine.

Tools and appliances not to be taken from mines.

“10. The owner of a coal mine shall not, without the consent in writing of a Minister or a person thereto authorized in writing by a Minister, take, or permit or suffer any person to take, from the mine or from any building, vehicle or land which is or has been used in connexion with the mine or the working thereof, any tools of trade or appliances which are or can be used in or in connexion with the production of coal at the mine.

Acquisition of tools.

“11.—(1.) Where a Minister considers it necessary, for the purpose of working any coal mine, to acquire or hire any tools of trade or

appliances which are capable of being used in such working, then he, or a person thereto authorized in writing by a Minister, may acquire or hire such tools or appliances from the owner thereof—

(a) by agreement; or

(b) by notice in writing served personally or by post on the owner,

or may—

(d) authorize the use of any such tools or appliances which are in the mine, or which are on any land, or in any building, vessel or vehicle, which is or has been used, or is intended to be used, for the purposes of working the mine.

“(2.) When a Minister, or a person thereto authorized in writing by a Minister, acquires or hires any tools or appliances in pursuance of this regulation, he may dispose of, or authorize the use of, such tools and appliances in such manner as he thinks fit.

“(3.) There shall be payable to the owner of the tools and appliances acquired or hired, or used under any authorization given, in pursuance of this regulation such compensation as is agreed upon with the owner, or as, in default of agreement, is determined by action by the owner against the Commonwealth in any court of competent jurisdiction.”.

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

Overview

The National Security (Coal) Regulations 1940 were enacted as legislative instruments under the National Security Act 1939. These regulations were introduced to address the critical need for national security during wartime, specifically targeting the coal industry to ensure its uninterrupted operation and to prevent any actions that could hinder the production and distribution of coal, a vital resource for the war effort. The enactment of these regulations was overseen by the Parliament of Australia, aiming to secure the coal industry by preventing any forms of sabotage, intimidation, or coercion that could disrupt its functioning. This was achieved through stringent measures that prohibited the prevention of employment in the coal industry, the use of intimidation or violence against coal workers, and the sabotage of coal mines and related infrastructure.

Scope and Application

The National Security (Coal) Regulations, enacted under the National Security Act 1939, pertain to the regulation of the coal industry to ensure its uninterrupted operation during wartime or other periods of national security concern. These regulations apply to any person or organisation involved in the coal-mining industry, including the owners of coal mines, employees, contractors, and any entity engaged in the handling, transport, or distribution of coal. They are designed to prevent actions that could disrupt the coal industry, such as intimidation, violence, or sabotage of coal mines and related facilities. The regulations extend to all coal mines within the Commonwealth of Australia, enforcing compliance with the provisions through written notices and authorisations from relevant ministers. The act explicitly prohibits any form of coercion or violence against employees within the coal industry, safeguarding their rights to engage in employment without undue interference. Additionally, the regulations cover the acquisition and use of tools and appliances necessary for coal production, ensuring they are available and operational as required. These regulations are supported by subordinate instruments, which may further define terms or procedures, thereby extending or restricting the application of the primary legislation as necessary.

Key Provisions

The primary provisions of the Regulations under the National Security Act 1939, specifically focusing on the National Security (Coal) Regulations, establish stringent controls over the coal industry to ensure the smooth and uninterrupted production and distribution of coal during a time of national security concern. Regulation 6 (subsections 1, 2, and 3) explicitly prohibits organizations and individuals from preventing or inducing others from engaging in employment within the coal industry, including the handling, transport, or distribution of coal, through persuasion, intimidation, or violence. Regulation 7 further extends this protection by forbidding the exercise of intimidation or violence, or the use of threatening or abusive language, against anyone involved in these activities because of their employment status or intention to seek employment in the coal industry. Additionally, Regulation 8 prohibits the destruction, damage, or impairment of any coal mine, buildings, vessels, vehicles, machinery, or other apparatus used in coal production or distribution, as well as any acts intended to cause such damage. These regulations impose significant obligations on coal mine owners, organizations, and individuals within the coal industry. Regulation 9 mandates that coal mine owners must comply with directives from the Minister to ensure the mine operates as required, including employing personnel necessary for coal production. Regulation 10 restricts the removal of tools or appliances from coal mines without the Minister's written consent, thereby maintaining the operational integrity of the mines. Regulation 11 allows the Minister, or an authorized person, to acquire or hire necessary tools and appliances for coal production, with compensation to be determined by agreement or court action if necessary. Failure to comply with these regulations can result in serious legal consequences. Although specific penalties are not detailed within the Regulations, breaches of the National Security Act 1939 could potentially attract penalties under general provisions of the Act, which may include fines and imprisonment. The severity of penalties would depend on the nature and extent of the breach, as well as any additional provisions specified in the principal Act or related legislation. The enforcement of these regulations is crucial to maintaining national security and the efficient operation of the coal industry during times of heightened concern.

Area of Law: National Security Law
Instrument: Legislative Instrument
Concepts: Definitions & Interpretation; Prohibited Conduct; Enforcement Powers

Interactions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

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