National Security (Economic Organization) Regulations (Amendment)

Legislation au C1942L00145 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1942. No. 145.

 

REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1940.*

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 1939-1940.

Dated this twenty-fifth day of March, 1942.

(SGD.) GOWRIE

Governor-General.

By His Excellency’s Command,

 

Amendments of the National Security (Economic Organization) Regulations.†

Part not to apply in certain cases.

1. Regulation 18 of the National Security (Economic Organization) Regulations is amended by adding at the, end thereof the following sub-regulations:—

“(2.) Nothing in this Part shall prevent the payment or acceptance of remuneration at an altered rate where the alteration is made—

(a) for the purpose of maintaining the difference between the rate of remuneration prescribed, in respect of the employment, by law or by award, order or determination of an Industrial Authority or by industrial agreement and the rate at which remuneration in respect of the employment was, in accordance with the practice of the employer, paid immediately prior to the tenth day of February, 1942;

(b) by an authority of a State having power to fix the rate of remuneration of any officer or employee of the State or of any authority of the State, pursuant to an application or a reference made to the authority prior to the commencement of this Part or for the purpose of an adjustment in accordance with a variation in the cost of living;

 

* Notified in the Commonwealth Gazette on , 1942.

† Statutory Rules 1942, No. 76, as amended by Statutory Rules 1942, Nos. 81 and 110.

2095.—Price 3d. 8/23.3.1942.


(c) by an industrial agreement entered into, or an award, order or determination made by an Industrial Authority, with the approval of the Minister or the Industrial Authority concerned, in respect of matters which the Minister is satisfied were, with a view to the execution of the agreement, the subject of negotiation between the parties to the agreement immediately prior to the commencement of this Part;

(d) by industrial agreement between the employers and the employees organizations concerned or, in default of agreement, by award, order or determination of an Industrial Authority, for the purpose of adjusting rates of payment for piecework where the output of the employee is altered by reason of a variation in the nature of the material or commodity on which the employee works or by reason of a variation in the operation involving the piecework, so that the earning power of the employee will not be reduced by reason of any such variation, but so that that earning power as at the tenth day of February, 1942, will not thereby be increased.

(e) in consequence of the extension of the application of an award, order, determination or industrial agreement to persons not subject thereto at the commencement of this Part but to whom the extension of the application of the award, order, determination or industrial agreement was then in contemplation; or

(f) after the Minister has stated that he is satisfied that the alteration is necessary to remove an anomaly, by an authority of a State having power to fix the rate of remuneration of any officer or employee of the State or of any authority of the State or by an industrial agreement.

(3.) Nothing in this Part shall prevent the payment or acceptance of a bonus in respect of any employment where, immediately prior to the tenth day of February, 1942, it was customary for a bonus to be paid in respect of that employment, and provided the principles governing the determination of the amount of the bonus are the same as those which governed the determination of the bonus last paid before the tenth day of February, 1942.”.

Persons not to absent themselves from employment.

2. Regulation 19 of the National Security (Economic Organization) Regulations is amended—

(a) by omitting from paragraph (b) of sub-regulation (1.) the word “or” (last occurring); and

(b) by inserting after paragraph (c) of that sub-regulation the following paragraph:—

“; or (d) attendance to union business,”.

 

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

Overview

The Statutory Rules 1942 No. 145, Regulations under the National Security Act 1939-1940, were enacted to address economic and employment-related challenges arising from the national security context of World War II. These regulations were introduced by the Governor-General in Council, reflecting the urgency and broad powers afforded to the Commonwealth Government in times of national crisis. The primary policy objective was to ensure economic stability and efficient workforce management during wartime, particularly in relation to remuneration and employment continuity. The regulations sought to facilitate adjustments in pay rates and bonuses while prohibiting unjustified absences from employment, thereby maintaining productivity and morale within the workforce amidst the challenges of war.

Scope and Application

The National Security (Economic Organization) Regulations, as amended by Statutory Rules 1942, No. 145, apply to individuals and entities involved in employment practices across the Commonwealth of Australia. These regulations primarily target the alteration of remuneration and bonuses, allowing for adjustments under specific circumstances such as maintaining the difference between prescribed and previously paid rates, adjustments by state authorities or industrial agreements, and changes in piecework rates or the extension of awards to new employees. Furthermore, the regulations prohibit employees from absenting themselves from their employment, except for union business, under the purview of national security during wartime. The scope of these regulations is broad, affecting various industries and sectors, and is enforced to maintain economic stability and continuity amidst national security concerns. Exclusions and exemptions are limited to specific alterations in remuneration and bonuses as outlined in the regulations, with broader exceptions potentially being subject to subordinate instruments or ministerial discretion.

Key Provisions

The Regulations under the National Security Act 1939-1940, particularly as amended by Statutory Rules 1942, No. 145, introduce specific adjustments to the National Security (Economic Organization) Regulations. Regulation 18 has been amended to allow for alterations in remuneration under certain circumstances (Regulation 18(2)). This includes maintaining the difference between prescribed rates of remuneration and those paid before 10 February 1942, adjustments for cost of living variations, and alterations approved by the Minister or an Industrial Authority. Additionally, it permits bonuses to be paid if they were customary before 10 February 1942 and are determined by the same principles (Regulation 18(3)). Regulation 19 has been modified to specify that individuals cannot absent themselves from employment for union business without appropriate leave (Regulation 19(1)(d)). The obligations imposed by these Regulations on employers, employees, and relevant authorities are significant. Employers must ensure that any changes to remuneration or bonuses comply with the stipulations outlined in Regulation 18. They must also ensure that employees do not leave their jobs for union-related activities without proper authorisation, as per Regulation 19. Authorities responsible for setting remuneration rates, including State authorities and Industrial Authorities, are required to approve any changes in line with the regulations. Employees, in turn, must adhere to the terms of their employment agreements and not engage in activities that contravene the provisions of the Regulations. Breaches of these Regulations can result in various penalties and consequences. Although specific penalties are not detailed in the provided text, violations of regulations under the National Security Act 1939-1940 could potentially lead to civil or criminal actions. The exact nature of these penalties would depend on the severity and impact of the breach, and could include fines or other sanctions. Employers and employees who fail to comply with the stipulated requirements may face legal repercussions, impacting their ability to operate or work within the regulated environment.

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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.