National Security (Economic Organization) Regulations (Amendment)

Legislation au C1947L00145 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1947. No. 145.

 

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 eighth day of October, 1947.

W. J. McKELL

Governor-General.

By His Excellency’s Command,

N. E. McKENNA

for and on behalf of the Minister of State for Post-war Reconstruction.

———

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

Definitions.

1. Regulation 4 of the National Security (Economic Organization) Regulations is amended by omitting the definition of “Industrial Authority”.

2. Part V. of the National Security (Economic Organization) Regulations is repealed and the following Part inserted in its stead:—

“Part V.—Industrial Provisions.

Interpretation.

“14. In this Part—

‘employer’ includes the Crown in right of the Commonwealth or of a State and also includes any authority of the Commonwealth or of a State;

‘Industrial Authority’ means—

(a) the Commonwealth Court of Conciliation and Arbitration;

(b) any other tribunal or person constituted by or under any law of the Commonwealth and having power to determine industrial disputes and make awards or orders in settlement thereof;

* Notified in the Commonwealth Gazette on 10th October, 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, 57, 69, 75 and 79 (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.

6271.—Price 3d.


(c) any tribunal which is a State Industrial Authority within the meaning of the Commonwealth Conciliation and Arbitration Act 1904-1947;

(d) the Public Service Arbitrator; and

(e) any tribunal, body or person having power under any law to determine rates of remuneration for apprentices;

‘Public Employment Authority’ means an authority established by or under the law of the Commonwealth or of a State or Territory of the Commonwealth and having power to fix the rate of remuneration of an employee of the Commonwealth or of that State or Territory or of any authority established by or under any such law and, in relation to a person who is an officer of the Public Service of the Commonwealth, includes the Public Service Board.

Rates of remuneration not to be altered.

“15.—(1.) Subject to this Part, where a rate of remuneration for any employment is for the time being determined, prescribed or fixed—

(a) by or under a law of the Commonwealth or of a State or Territory of the Commonwealth;

(b) by or under an award, order or determination of an Industrial Authority;

(c) by an industrial agreement; or

(d) by a Public Employment Authority,

an employer shall not pay or offer to pay, and an employee shall not accept or seek to accept, remuneration in respect of that employment at a rate different from the rate so determined, prescribed or fixed and in force for the time being.

“(2.) An industrial award, order or determination which includes provision for an alteration in a rate of remuneration shall not be made by an Industrial Authority by consent or in the absence of objection, unless the Industrial Authority is satisfied, after hearing the parties or otherwise, that the alteration is not opposed to the national interest.

“(3.) An industrial agreement (including an agreement varying an industrial agreement but not including an agreement entered into by a Public Employment Authority) which includes provision for an alteration in a rate of remuneration shall not be made unless the proposed agreement has been submitted in writing for consideration by an Industrial Authority and that Authority has approved the alteration included in the proposed agreement.

“(4.) Before giving its approval to any such alteration the Industrial Authority shall satisfy itself, by hearing the parties or otherwise, that the alteration is not opposed to the national interest.

Increased rates permissible in certain cases.

“16.—(1.) Where, immediately prior to the date of commencement of this regulation—

(a) remuneration was lawfully payable to an employee in respect of any employment; or

(b) remuneration was, in accordance with the lawful practice of an employer, paid to his employees or to the employees included in a class of his employees,

at a rate higher than the rate determined, prescribed or fixed by or under a law, by or under an award, order or determination of an Industrial Authority or by or under an industrial agreement and in


force at that date, nothing in this Part shall prevent the employer concerned from paying, or the employee or employees concerned from accepting, remuneration at a rate which does not exceed the rate so determined, prescribed or fixed, and in force for the time being, by an amount greater than the difference between the first-mentioned rate of remuneration and the second-mentioned rate of remuneration.

“(2.) Nothing in this Part shall prevent the payment or acceptance of remuneration at an altered rate where the alteration is made—

(a) in consequence of the promotion of an employee to a higher position;

(b) in consequence of the completion by an employee of an initial period of probation;

(c) for the purpose of granting a periodical or other increment to an employee who, under the terms and conditions of his employment, advances to a maximum rate of remuneration by periodical increments or whose salary range has been prescribed, by or under any law, prior to the commencement of this regulation;

(d) in consequence of the operation according to its tenor of a bonus, piece-work or other system of payment by results in force immediately prior to the commencement of this regulation; or

(e) in consequence of the introduction or variation of a bonus, piece-work or other system of payment by results which has been approved by an Industrial Authority and under which the amount of the payment is related to the output or production of an employee or group of employees.

“(3.) Nothing in this Part shall prevent the payment or acceptance of remuneration in respect of any employment at an altered rate where—

(a) that altered rate is the result of, or consequent upon, a reduction of the ordinary working hours in respect of that employment made by an employer who employs in the same establishment employees in whose ordinary working hours a reduction has been made by or under any provision of a law or an award, order or determination of an Industrial Authority which came or comes into force after the thirteenth day of June, 1947; and

(b) the extent of the first-mentioned reduction does not exceed the extent of the second-mentioned reduction.”.

 

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

Overview

The Statutory Rules of 1947, No. 145, made under the Defence (Transitional Provisions) Act 1946, address the need for regulations concerning the transition of defence measures to peacetime economic organisation. Enacted by the Governor-General, W. J. McKell, with the advice of the Federal Executive Council, these regulations were designed to maintain economic stability during the transition from wartime to peacetime by controlling rates of remuneration. This legislative instrument specifically amends the National Security (Economic Organization) Regulations to ensure that the alteration of remuneration rates does not jeopardise national security. The policy objective is to safeguard the national interest by preventing changes to remuneration rates that could be detrimental during this critical transitional period.

Scope and Application

The Defence (Transitional Provisions) Act 1946 provides the legislative framework for the Regulations under the National Security (Economic Organization) Act 1939-1946, which were amended by Statutory Rules 1947, No. 145. These regulations apply to employers, including the Crown in right of the Commonwealth or any State, and any authority of the Commonwealth or a State. The scope extends to all industrial provisions and the determination of rates of remuneration for employees, whether governed by laws, awards, orders, determinations of Industrial Authorities, or Public Employment Authorities. The geographic reach of these regulations is nationwide, applying to any employer within the Commonwealth, irrespective of their location. The regulations are designed to ensure that rates of remuneration are not altered without appropriate oversight, except in specific circumstances such as promotions, completion of probation periods, or approved variations in payment systems. Notably, any alteration in remuneration must be approved by an Industrial Authority to ensure it does not oppose the national interest. The regulations also provide certain exemptions, such as allowing employers to pay remuneration at a rate higher than the determined rate if it was lawful prior to the regulation's commencement, or if the alteration results from specific conditions like reductions in working hours or approved payment systems.

Key Provisions

The primary sections of the legislative instrument are those that amend and replace existing regulations under the National Security (Economic Organization) Regulations. Regulation 4 of the National Security (Economic Organization) Regulations is amended by removing the definition of “Industrial Authority” (section 1). Additionally, Part V of these regulations is repealed and replaced with a new Part V that contains definitions and provisions concerning industrial provisions and rates of remuneration (section 2). Under these regulations, employers are prohibited from offering and employees from accepting rates of remuneration that differ from those determined, prescribed, or fixed by a law, award, order, determination of an Industrial Authority, or a Public Employment Authority (section 15). This restriction applies to employers, including the Crown and any authorities of the Commonwealth or a State, and employees engaged in employment determined by these entities. Alterations to rates of remuneration in industrial awards, orders, determinations, or agreements are contingent upon the Industrial Authority being satisfied that such alterations are not opposed to the national interest (section 15(2) and (3)). Employers are permitted to pay, and employees to accept, remuneration at rates higher than the currently determined rate, under specific circumstances such as promotions, completion of probation, or approved variations in payment systems (section 16). There are no explicit provisions detailing offences, penalties, or consequences for breaches of these regulations within the text provided. However, given the nature of the regulations and their purpose in maintaining stability and alignment with national interests during a transitional period, it is likely that non-compliance could result in legal consequences under relevant acts or other legislative provisions governing employment and industrial relations in Australia.

Legal classification tags

Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Regulatory Standards
Catchwords
Industrial Provisions

Interactions

Authorises

All Versions

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.