National Security (Economic Organization) Regulations (Amendment)

Overview

Statutory Rules 1942 No. 257, made under the National Security Act 1939-1940, was introduced during a critical period in Australian history, specifically in response to the exigencies of World War II. The regulation, dated 4 June 1942, was enacted by the Governor-General in Council, highlighting the urgency and importance of the measures being introduced. The primary objective of this legislative instrument was to provide State Premiers with the authority to adjust and amend the basic wage in the interest of national defence and the effective prosecution of the war. This was achieved by inserting a new regulation into the National Security (Economic Organization) Regulations, allowing for wage adjustments based on changes in the cost of living as indicated by price index numbers and other information prepared by the Government Statistician of the State. This amendment aimed to ensure economic stability and support the war effort by aligning wage adjustments with national security needs.

Scope and Application

The Statutory Rules 1942 No. 257, made under the National Security Act 1939-1940, specifically amends the National Security (Economic Organization) Regulations to allow State Premiers to adjust and amend the basic wage in certain circumstances. This legislation applies to states whose laws permit but do not require the quarterly adjustment of the basic wage following variations in the cost of living. The regulation permits the Premier of such a state to make adjustments if they are deemed necessary in the interests of the defence of the Commonwealth or the more effective prosecution of the war. The adjustments must be made in accordance with the changes in the cost of living as indicated by price index numbers and other information prepared by the Government Statistician of the State. The authority to make such adjustments is contingent on the specific state laws regarding the timing and term of the adjustments, which are to be prescribed under state law. The regulation further stipulates that these adjustments will have the same force and effect as if they were made by an Industrial Authority under the relevant state law. This legislative instrument extends the reach of federal wartime economic controls to the states, ensuring that wage adjustments are aligned with national security interests.

Key Provisions

The National Security (Economic Organization) Regulations were amended by the insertion of regulation 17a, which pertains specifically to the power of State Premiers to adjust and amend the basic wage. This regulation is applicable to states where the law allows but does not mandate the quarterly adjustment of the basic wage in response to changes in the cost of living (National Security (Economic Organization) Regulations, reg. 17a(1)). In such states, the Premier, upon being satisfied that it is in the interest of the Commonwealth's defence or the more effective prosecution of the war, may adjust and amend the basic wage by issuing an order published in the Government Gazette of the state (National Security (Economic Organization) Regulations, reg. 17a(1)). This adjustment must follow the changes in the cost of living as indicated by the price index numbers and other relevant information provided by the Government Statistician of the state (National Security (Economic Organization) Regulations, reg. 17a(1)). The timing and duration of such adjustments are to be in accordance with the laws of the state and will have the same legal effect as if they were made by an Industrial Authority under state law (National Security (Economic Organization) Regulations, reg. 17a(2)). The regulation imposes specific obligations on the Premier of the state. The Premier must ensure that any adjustment to the basic wage is made following a review of the cost of living, as evidenced by price index numbers and other relevant data from the Government Statistician (National Security (Economic Organization) Regulations, reg. 17a(1)). Additionally, the Premier must consider whether such an adjustment is desirable for the defence of the Commonwealth or the effective prosecution of the war (National Security (Economic Organization) Regulations, reg. 17a(1)). Upon making the decision, the Premier must issue an order in the Government Gazette, specifying the new basic wage and the duration for which it will be in effect (National Security (Economic Organization) Regulations, reg. 17a(2)). These adjustments must comply with the state's laws regarding the timing and duration of such wage adjustments (National Security (Economic Organization) Regulations, reg. 17a(2)). There are no specific offences, penalties, or civil/criminal consequences outlined for breaches of this regulation. However, it is likely that any failure to comply with the provisions of this regulation could lead to legal challenges or disputes, particularly if the adjustments made by the Premier are deemed to be outside the scope of their authority or if they negatively impact the interests of the Commonwealth or the war effort. The regulation emphasizes the importance of adhering to state laws regarding wage adjustments, suggesting that non-compliance could result in the adjustments being deemed invalid or ineffective (National Security (Economic Organization) Regulations, reg. 17a(2)).