STATUTORY RULES.
1946. No. 184.
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REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1946.*
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 National Security Act 1939-1946.
Dated this twelfth day of December, 1946.
HENRY
Governor-General.
By His Royal Highness’s Command,
J. B. CHIFLEY
for and on behalf of the Minister of
State for Defence.
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Amendments of the National Security (Economic Organization) Regulations, †
Interpretation.
1. Regulation 14 of the National Security (Economic Organization) Regulations is amended by inserting after the definition of “employee” the following definition:—
“‘employer’ includes the Crown in right of the Commonwealth or a State and also includes any authority of the Commonwealth or a State;”.
Alterations of rates of wages by industrial Authorities.
2. Regulation 16 of the National Security (Economic Organization) Regulations is amended by omitting the words and figures “regulation 18 or regulation 18a” and inserting in their stead the words and figures “18, 18a, 18b or 18c”.
Altered rates permissible in certain cases.
3. Regulation 18 of the National Security (Economic Organization) Regulations is amended—
(a) by omitting from sub-paragraph (ii) of paragraph (b) of sub-regulation (1.) the word “or”;
(b) by adding after paragraph (c) of sub-regulation (1.) the following paragraphs:—
“(d) if the altered rate does not exceed the sum of—
(i) the basic rate for the time being applicable;
(ii) the marginal rate applicable on the first day of September, 1939;
* Notified in the Commonwealth Gazette on 13th December, 1946.
† 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 and 63.
7733.—Price 3d.
(iii) an amount which bears to the marginal rate applicable on that day the same proportion as the number by which the Court index-number for the six capital cities for the third quarter of the year 1946 exceeded the Court index-number for the six capital cities for the second quarter of the year 1939 bears to the latter index-number; and
(iv) an amount calculated at the rate of Three shillings per week; or
“(e) for the purpose of increasing the rate of remuneration of female employees to a rate not exceeding—
(i) in the case of a female who is entitled to be paid at an adult rate of remuneration not based on experience—seventy-five per centum of the corresponding minimum male rate; or
(ii) in the case of a female who is entitled to be paid at a rate-for-age rate of remuneration or at an experience rate of remuneration—the rate which bears to seventy-five per centum of the corresponding minimum male rate the same proportion as the rate which she was, or would have been, entitled to be paid at the date of commencement of this paragraph bears to the rate prescribed at that date for an adult female or a fully experienced female, as the case may be.”;
(c) by inserting after sub-regulation (1.) the following sub-regulations:—
“(1a.) For the purposes of the last preceding sub-regulation—
(a) ‘basic rate’ means—
(i) if there is a basic wage which is appropriate to the place and to the employment and is specified in, or ascertainable by reference to, an award, order, determination or industrial agreement—that basic wage;
(ii) if there is no such basic wage and there is a basic, living or minimum wage appropriate to the place and to the employment prescribed by or under a law of a State or Territory of the Commonwealth—that basic, living or minimum wage; or
(iii) in any other case—a basic rate appropriate to the place and to the employment as determined by the Industrial Authority or the Public Employment Authority concerned,
but not including the amount of any loading other than the loading commonly known as the prosperity loading;
(b) ‘marginal rate’ means the amount by which the total rate of remuneration exceeds the basic-rate;
(c) ‘Court index-number’ means an index-number included in the ‘Court’ series of retail price index-numbers published from time to time by, or at the direction of, the Court;
(d) ‘adult rate of remuneration’ means the rate of remuneration prescribed for adult females by a law, award, order, determination or industrial agreement;
(e) ‘rate-for-age rate of remuneration’ means a rate of remuneration so prescribed for junior females which increases by increments in accordance with their age;
(f) ‘experience rate of remuneration’ means a rate of remuneration so prescribed for females which increases by increments in accordance with length of experience; and
(g) ‘corresponding minimum male rate’, in relation to any female in any locality, means the lowest rate of remuneration prescribed, from time to time, for an adult male working in that locality by the law, award, order, determination or industrial agreement by or in relation to which the rate of remuneration of that female is determined.
“(1b.) Where, but for this sub-regulation, any provision of an award, order or determination of an Industrial Authority or Public Employment Authority providing for the payment of a war loading would cease to have effect on the thirty-first day of December, 1946, that provision shall, by force of this regulation, continue to have effect until such time as the matter of its continuance has been dealt with by that Authority.”;
(d) by omitting from sub-regulation (3.) the words “or to compensate for a change of circumstances in the employment” and inserting in their stead the words “to compensate for a change of circumstances in the employment, to adjust marginal rates which appear to that Authority to require adjustment having regard to the marginal rates in other occupations, or to adjust piece rates (including rates payable under any other system of payment by results), penalty rates or shift rates”;
(e) by omitting from paragraph (iii) of that sub-regulation the words “or compensating for any such change of circumstances” and inserting in their stead the words “compensating for any such change of circumstances or adjusting any such marginal rates, piece rates (including rates payable under any other system of payment by results), penalty rates or shift rates”;
(f) by inserting after sub-regulation (6.) the following sub-regulation:—
“(6a.) The Chief Judge of the Court may, in relation to any statement or class of statements submitted under sub-regulation (3.) of this regulation, nominate a Judge of the Court to consider that statement, or the statements included in that class of statements, and to advise the Chief Judge in relation thereto, and that Judge shall, in relation to that statement or those statements, have the powers of the Chief Judge under sub-regulation (5.) of this regulation.”; and
(g) by omitting sub-regulation (9.) and inserting in its stead the following sub-regulation:—
“(9.) In the event of the absence from duty of the Chief Judge of the Court, any reference in this regulation to the Chief Judge shall, during that absence, be read as a reference to the Senior Judge of the Court or, in the event of his absence from duty, to the next senior Judge of the Court, and any statement submitted to the Chief Judge under this regulation may, during the absence from duty of the Chief Judge, be dealt with by the Senior Judge or, in the event of his absence from duty, by the next senior Judge.”.
4. After regulation 18b of the National Security (Economic Organization) Regulations the following regulation is inserted:—
Alteration of basic wage.
“18c. Nothing in this Part shall prevent the payment or acceptance of remuneration at an altered rate where the alteration is made—
(a) by an award, order or determination, or by virtue of a declaration of, an Industrial Authority or a Public Employment Authority having power to determine or declare a basic, living or minimum wage;
(b) following such an award, order or determination or declaration—
(i) by an Industrial Authority or Public Employment Authority having power to incorporate that basic, living or minimum wage in an award, order or determination; or
(ii) by an industrial agreement entered into by such a Public Employment Authority or made with the approval of such an Industrial Authority; or
(c) by an employer in respect of the remuneration of any person in his employment whose rate of remuneration is not prescribed by an award, order or determination of an Industrial Authority or by an industrial agreement, or is not fixed by a Public Employment Authority,
and the amount of the alteration does not exceed the amount of an increase in the basic wage applicable in all the State capital cities and made by the Court in pursuance of the last preceding regulation.”.
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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.