National Security (Economic Organization) Regulations (Amendment)

Legislation au C1942L00344 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1942. No. 344.

 

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 fourth day of August, 1942.

GOWRIE

Governor-General.

By His Excellency’s Command,

H. V. EVATT

for Minister of State for Defence.

 

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

Power of State Premier to adjust and amend basic wage.

1. Regulation 17a of the National Security (Economic Organization) Regulations is amended by omitting sub-regulation (2.) and inserting in its stead the following sub-regulations :—

“(2.) Where, since the first day of October, 1941, there has been, in the case of any State, any variation in the cost of living by reason of which a periodical adjustment of the basic wage would have been permitted and no such adjustment has been made, the Premier of that State may, on the first occasion on which, he adjusts and amends the basic wage under this regulation, take that variation into account in making the adjustment and amendment.

“(3.) Any adjustment and amendment of the basic wage under this regulation shall for all purposes have the same force and effect as if made by the Industrial Authority empowered under the law of the State to adjust and amend the basic wage.”.

Part not to apply in certain cases.

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

“(4.) Where—

(a) in pursuance of the law of a State, an authority of the State has power to determine or declare a living wage or a basic wage for the State or any part of the State;

 

* Notified in the Commonwealth Gazette on 4th August, 1942.

† Statutory Rules 1942, No. 76, as amended by  Statutory Rules 1942, Nos. 81, 110, 127, 345, 160, 218, 221, 224, 248, 257, 293, 318 and 332.

5722.—Price 3d.


(b) that law provides that the rates of remuneration prescribed by any award, order or determination of an Industrial Authority or by any industrial agreement, shall be adjusted in consequence of the determination or declaration of the living wage or basic wage;

(c) in pursuance of that law, the authority of the State, determines or declares a living wage or basic wage different from the living wage or basic wage in operation immediately prior to the making of the determination or declaration; and

(d) the difference between the new living wage or new basic wage and that which it replaces is due solely to actual variations in the cost of living,

then nothing in this Part of these Regulations shall prevent the payment or acceptance of remuneration at an altered rate where the alteration is made in consequence of that determination or declaration.”.

 

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

Overview

The Statutory Rules 1942, No. 344, issued under the authority of the National Security Act 1939-1940, was enacted to address economic and industrial issues arising during wartime, particularly in relation to the adjustment of basic wages in response to variations in the cost of living. The regulations were made by the Governor-General in Council, with the advice of the Minister of State for Defence. The policy objective of these regulations was to provide flexibility for state authorities to adjust basic wages based on changes in the cost of living, while ensuring that such adjustments had the same legal force as those made by the relevant state industrial authorities. This legislative instrument sought to maintain economic stability and support the war effort by aligning wage adjustments with the economic realities of the time.

Scope and Application

The regulations under the National Security Act 1939-1940, specifically the amendments to the National Security (Economic Organization) Regulations, apply to the States within the Commonwealth of Australia. The regulations primarily address the adjustments and amendments of the basic wage by State Premiers, allowing them to consider variations in the cost of living when adjusting wages, provided no such adjustment has been made since October 1941. The regulations provide that any adjustment made by the State Premier shall have the same effect as if made by the Industrial Authority of the State. Furthermore, these regulations do not apply where a State authority determines or declares a living wage or basic wage different from the previous one, and the change is solely due to variations in the cost of living, allowing altered remuneration rates to be paid or accepted in consequence of such determination or declaration. The application of these regulations is thus limited to specific circumstances concerning wage adjustments and their effects within the context of national security and economic organisation.

Key Provisions

The operative sections of these regulations (Regulations under the National Security Act 1939-1940) primarily focus on amending the National Security (Economic Organization) Regulations, specifically targeting Regulation 17a and Regulation 18. Regulation 17a(2) allows the Premier of a State to consider variations in the cost of living when adjusting and amending the basic wage if such adjustments have not been made since October 1, 1941. This amendment ensures that cost-of-living changes are factored into wage adjustments. Regulation 17a(3) mandates that any wage adjustments made by the Premier under this regulation must be treated as if they were made by the Industrial Authority of the State, ensuring their legal validity and effect. Additionally, Regulation 18(4) specifies that if a State authority determines or declares a living wage or basic wage different from the previous one, and the change is due solely to cost-of-living variations, then altered remuneration rates resulting from such determinations or declarations are permissible. These regulations impose specific obligations on the parties involved, notably the State Premiers and State authorities. State Premiers are required to take into account any variations in the cost of living when adjusting the basic wage, ensuring that wage adjustments are reflective of economic conditions. State authorities, on the other hand, must determine or declare living wages or basic wages in accordance with State laws and ensure that any changes to these wages are due to actual variations in the cost of living, rather than other factors. Furthermore, these regulations necessitate that any wage adjustments made by State authorities are legally binding and have the same force as those made by Industrial Authorities. For breaches of these regulations, there are no explicit offences, penalties, or consequences mentioned in the text. However, the legal force and effect of adjustments and amendments made under these regulations imply that non-compliance could lead to legal disputes or challenges regarding the validity of wage adjustments. The regulations underscore the importance of adhering to the specified processes for wage adjustments to avoid potential legal ramifications.

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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.