National Security (Economic Organization) Regulations (Amendment)

Overview

Statutory Rules 1942, No. 318, under the National Security Act 1939-1940, was enacted to provide flexibility in economic management during times of national crisis. The regulation was issued by the Governor-General in Council and made under the authority granted by the Parliament of Australia. This specific regulation addressed a gap in the existing economic framework by allowing the industrial authority to amend rates of remuneration to better align with contemporary industrial awards. The policy objective was to ensure that economic measures could be swiftly and effectively adjusted to meet the demands of national security during wartime, thereby facilitating smoother operational continuity and labour relations. This legislative instrument was designed to enhance the adaptability of the economic regulations in response to the exigencies of the period, ensuring that Australia's industrial and economic structures could support the broader war effort without unnecessary bureaucratic delays. The regulation was published in the Commonwealth Gazette on 18th July 1942, and it specifically amended Regulation 17 of the National Security (Economic Organization) Regulations to reflect the updated Metal Trades Award (Serial No. 4655), replacing the outdated Consolidated Metal Trades Award (Serial No. 3477).

Scope and Application

The regulation made under the National Security Act 1939-1940 pertains to amendments of the National Security (Economic Organization) Regulations, specifically addressing the alteration of rates of remuneration within certain industries. The regulation applies to those industries governed by the Metal Trades Award (Serial No. 4655), replacing the previously applicable Consolidated Metal Trades Award (Serial No. 3477). This amendment is enacted to ensure that the remuneration rates are adjusted to meet the economic conditions necessitated by national security imperatives. The regulation is applicable across the Commonwealth of Australia, extending to all entities and persons operating within the scope of the Metal Trades Award (Serial No. 4655). The regulation does not specify exclusions or exemptions and operates within the broader framework of the National Security Act 1939-1940, which allows for further modification and enforcement through subordinate instruments as required.

Key Provisions

The key provision of this statutory rule is the amendment to the National Security (Economic Organization) Regulations (regulation 17(1)(a)), which pertains to the alteration of rates of remuneration (section 1). The amendment specifies that the Industrial authority may now adjust rates of remuneration under the Metal Trades Award (Serial No. 4655), replacing the previously referenced Consolidated Metal Trades Award (Serial No. 3477). This change indicates a shift in the specific award under which the Industrial authority has the power to adjust remuneration rates. The obligations imposed by this regulation primarily concern the Industrial authority, which must now reference the Metal Trades Award (Serial No. 4655) when exercising its powers to alter rates of remuneration. This change in reference is likely intended to update the regulation to reflect current industrial awards and ensure that remuneration adjustments are made according to the most relevant and up-to-date award. There are no explicit offences, penalties, or civil or criminal consequences stated in this regulation for breaches of the amended provision. However, any failure by the Industrial authority to comply with the updated award could potentially lead to legal challenges or disputes if the authority makes adjustments outside the scope of the specified award. Such breaches could result in legal actions being taken to enforce compliance with the correct award, although the specific penalties or consequences would depend on the outcomes of any legal proceedings.