STATUTORY RULES.
1942. No. 332.
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 Regulation under the National Security Act 1939-1940.
Dated this twenty-ninth day of July, 1942.
(SGD.) GOWRIE
Governor-General.
By His Excellency’s Command
(SGD. ) E. J. WARD
For and on behalf of the Minister of State for Defence.
AMENDMENTS OF THE NATIONAL SECURITY (ECONOMIC ORGANISATION ) REGULATIONS:†
1. Regulation 17 of the National Security (Economic Organisation) Regulations is amended by omitting from sub-regulation (2.) the word “August” and inserting in its stead the word “November”.
2. Regulation 18 of the National Security (Economic Organisation) Regulations is amended by inserting in sub-regulation (2.) after paragraph (c) the following paragraph-
(ca) By an award, order or determination made by, or an industrial agreement entered into with the approval of, an Industrial Authority, after the Commonwealth Court of Conciliation and Arbitration has given a certificate that it is satisfied —
(i) that the rate of remuneration in relation to the employment, on the tenth day of February, 1942, was prescribed by an Industrial agreement in force on that date; and
(ii) that, by reason of a change of circumstances in the employment or in comparable employment between the date on which that rate of remuneration was agreed to and the tenth day of February, 1942, it is desirable that that rate should be reviewed.
* Notified in the Commonwealth Gazette on July, 1942.
† Statutory Rules 1942, No. 76, as amended by Statutory Rules Nos 81, 110, 127, 145, 160, 218, 221, 224, 248, 257, 293 and 318.
Overview
The Statutory Rules 1942, No. 332, titled Regulations under the National Security Act 1939-1940, were enacted to address urgent economic and industrial matters during the Second World War. This legislative instrument was introduced by the Commonwealth Parliament, reflecting the need for swift legislative action in response to the changing circumstances of the war. The regulation aimed to amend the National Security (Economic Organisation) Regulations, particularly extending the period for certain industrial agreements and introducing a new process for reviewing rates of remuneration in specific employment circumstances. This was to ensure that the economic mobilisation efforts during the war were both efficient and responsive to the evolving conditions of the workforce.
The regulation was made by the Governor-General in Council, under the authority granted by the National Security Act 1939-1940. The policy objective of these amendments was to provide flexibility in economic and industrial arrangements to support national security efforts, ensuring that industrial relations could adapt to the exigencies of wartime without compromising the stability and fairness of the workforce. This legislative measure was essential in maintaining the integrity and effectiveness of the economic mobilisation strategy during a critical period in Australia's history.
Scope and Application
These Statutory Rules, made under the authority of the National Security Act 1939-1940, specifically amend the National Security (Economic Organisation) Regulations. The Regulations pertain to the economic activities of organisations within Australia, particularly in the context of national security considerations during the Second World War. The amendments to Regulation 17 extend the deadline for certain economic actions from August to November, while Regulation 18 is updated to allow for the review of remuneration rates by Industrial Authorities, subject to conditions set by the Commonwealth Court of Conciliation and Arbitration. These amendments reflect the dynamic and evolving nature of economic policies during times of national emergency. The scope of these Regulations applies broadly to any entity or organisation operating within Australia, particularly those involved in industries deemed critical to national security. The Regulations are intended to ensure that economic activities align with the broader objectives of national defence and security during the war.
Key Provisions
The primary operative sections of the National Security (Economic Organisation) Regulations, as amended by Statutory Rules 1942, No. 332, focus on modifying certain provisions concerning economic organisation and remuneration rates. Regulation 17(2) now specifies a deadline of November instead of the previously stated August, while Regulation 18(2) introduces a new sub-regulation (ca) that allows for the review of remuneration rates by an Industrial Authority, provided the Commonwealth Court of Conciliation and Arbitration certifies that a rate was previously set by an industrial agreement and that circumstances warrant a review.
These amendments impose specific obligations on parties involved in economic activities. For example, Regulation 17(2) now requires compliance with the amended deadline for certain economic activities, while Regulation 18(2)(ca) mandates that any changes in remuneration rates must be justified by changes in employment circumstances and approved by the Industrial Authority following certification from the Commonwealth Court of Conciliation and Arbitration.
Failure to comply with the amended regulations can result in various legal consequences. While the specific penalties are not detailed in the statutory rules, general provisions under the National Security Act 1939-1940 might apply. These could include fines or other sanctions for non-compliance with economic regulations, as well as potential criminal penalties if the breaches are deemed to significantly undermine national security or economic stability. The exact nature and severity of these penalties would be determined by the relevant courts in accordance with the broader legislative framework.