STATUTORY RULES.
1947. No. .
REGULATIONS UNDER THE DEFENCE (TRANSITIONAL PROVISIONS) ACT 1946.*
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 Defence (Transitional Provisions) Act 1946.
Dated this Twenty-fifth day of June, 1947.
W.J. McKell
Governor-General.
By His Excellency’s Command,
for and in behalf of the Minister of State for Post-war Reconstruction.
Amendment of the National Security (Economic Organization) Regulations. †
Altered rates permissible in certain cases.
1. Regulation 18 of the National Security (Economic Organization) Regulations is amended by omitting sub-regulations (3.) and (4.) and inserting in their stead the following sub-regulations:—
“(3.) Where the matter of an alteration of a rate of remuneration comes before an Industrial Authority or Public Employment Authority by a plaint, reference or application or by a proposal for an industrial agreement lodged with or made to that Authority, and that Authority has not, under any other provision of this Part, authority to do any act or thing to effect the alteration, that Authority shall, if, after a preliminary hearing or examination of the matter, the Authority is of opinion that the grounds on which the alteration is sought provide prima facie evidence that an alteration should be made, submit—
(a) in the case of matters relating to the coal mining industry (including the shale mining industry)—to the Chairman of the Joint Coal Board; and
(b) in the case of all other matters—to the Chief Judge of the Court,
a statement setting out—
(c) the grounds on which the alteration is sought;
* Notified in the Commonwealth Gazette on , 1947.
† Being the Regulations having that title as in force under the Defence (Transitional Provisions) Act 1946, as amended by Statutory Rules 1947, Nos. 32, 43 and 69. (Statutory Rules 1947, No. 49, which purported to amend these Regulations, were not tabled within the prescribed time and, by virtue of section 48 (3.) of the Acts Interpretation Act 1901-1941, are void and of no effect). The Regulations under the National Security Act 1939-1946 having the corresponding title comprise Statutory Rules 1942, No. 76, as amended by Statutory Rules 1942, Nos. 81, 110, 127, 145, 160, 218, 221, 224, 248, 257, 293, 318, 332, 344, 425, 458, 490, 537 and 539; 1943, Nos. 21, 60, 76, 142, 190 and 278; 1944, Nos. 52, 83, 99 and 148; 1945, Nos. 11, 14, 45, 71, 91, 116 and 189; and 1946, Nos. 61, 63, 184, 192, 196 and 197.
3396.—Price 3d. 8/9.6.1947.
(d) the reasons for the opinion of the Authority; and
(e) the principles by which the Authority would be guided in making the alteration.
“(4.) The Chief Judge of the Court or the Chairman of the Joint Coal Board, as the case may be, after consideration of the statement, may, if he is satisfied that it is not opposed to the national interest so to do, make an order authorizing the Industrial Authority or Public Employment Authority, on such conditions and subject to such limitations as the Chief Judge or the Chairman of the Joint Coal Board, in his discretion, thinks fit, to proceed to hear and determine, or to do any act or thing in relation to, the matter of the alteration.”.
Validation.
2.—(1.) Where an Industrial Authority or a Public Employment Authority has, on or after the ninth day of April, One thousand nine hundred and forty-seven and before the date of commencement of these Regulations, submitted to a Judge of the Court or the Chairman of the Joint Coal Board a statement in accordance with the provisions of sub-regulation (3.) of regulation 18 of the National Security (Economic Organization) Regulations, as purported to have been amended by Statutory Rules 1947, No. 49, that statement shall, from and including the date of commencement of these Regulations, be as valid and effectual, as if it had been submitted in accordance with sub-regulation (3.) of regulation 18 of the National Security (Economic Organization) Regulations, as amended by the last preceding regulation.
(2.) Where a Judge of the Court or the Chairman of the Joint Coal Board, after consideration of a statement referred to in the last preceding sub-regulation, has, on or after the ninth day of April, One thousand nine hundred and forty-seven and before the date of commencement of these Regulations, made an order in accordance with the provisions of sub-regulation (4.) of regulation 18 of the National Security (Economic Organization) Regulations, as purported to have been amended by Statutory Rules 1947, No. 49, that order shall, from and including the date of commencement of these Regulations, be as valid and effectual as if it had been made in accordance with sub-regulation (4.) of regulation 18 of the National Security (Economic Organization) Regulations, as amended by the last preceding regulation.
(3.) Where, on or after the ninth day of April, One thousand nine hundred and forty-seven and before the date of commencement of these Regulations, a rate of remuneration has purported to have been altered in accordance with the provisions of sub-regulation (3.) and (4.) of regulation 18 of the National Security (Economic Organization) Regulations, as purported to have been amended by Statutory Rules 1947, No. 49, any action taken or act done (including any payment made or received) by any person, Industrial Authority or Public Employment Authority in relation to that rate of remuneration as so purported to have been altered, shall, from and including the date of commencement of these Regulations, be as valid and effectual as if the rate of remuneration had been altered in accordance with the provisions of sub-regulation (3.) and (4.) of regulation 18 of the National Security (Economic Organization) Regulations, as amended by the last preceding regulation.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.