STATUTORY RULES.
1945. No. 91.
REGULATION UNDER THE NATIONAL SECURITY ACT 1939-1943 *
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 1939-1943.
Dated this thirteenth day of June, 1945.
HENRY
Governor-General.
By His Royal Highness’s Command,
E. J. HOLLOWAY
for and on behalf of the Minister of State for Defence.
Amendment of the National Security (Economic Organization) Regulations. †
Industrial Authority not to alter rates of wages.
Regulation 16 of the National Security (Economic Organization) Regulations is amended by adding at the end thereof the words “but the inclusion or alteration of any provision in any award, order, determination or agreement in relation to time off duty without deduction or loss of pay by way of annual, recreation or sick leave shall not be deemed to be an alteration in the rate of remuneration applicable to any employment”.
* Notified in the Commonwealth Gazette on 13th June, 1945.
† 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 378; 1944, Nos. 52, 83, 90 and 148; and 1945, Nos. 11, 14, 45 and 71.
_____________________
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
3621.—Price 3d.
Overview
Statutory Rules 1945 No. 91, made under the National Security Act 1939-1943, was enacted by the Governor-General in Council to address a specific issue within the existing economic regulations during a period of national security measures. The regulation seeks to amend the National Security (Economic Organization) Regulations to ensure that the Industrial Authority cannot alter rates of wages under certain conditions. This legislative instrument was introduced to maintain stability in wage rates while allowing for adjustments in other employment terms, such as time off duty without loss of pay. The policy objective here is to preserve the integrity of wage rates amidst broader economic controls designed to support the war effort and national security.
This statutory rule was enacted by the Governor-General, acting on the advice of the Federal Executive Council, and notifies the amendment to the National Security (Economic Organization) Regulations to clarify the scope of the Industrial Authority's powers. The regulation explicitly states that changes to awards, orders, determinations, or agreements concerning time off duty without pay deductions should not be considered alterations to the rate of remuneration. This amendment was necessary to avoid unintended consequences on wage stability during a critical period of national crisis.
Scope and Application
This statutory regulation, made under the National Security Act 1939-1943, pertains specifically to the economic aspects of national security during the period of the Second World War. It applies to the Industrial Authority, ensuring that alterations to rates of remuneration are not inadvertently affected by changes in leave provisions within awards, orders, determinations, or agreements. This regulation is part of a broader set of measures intended to maintain economic stability and ensure that the Industrial Authority's decisions align with national security objectives during a critical time. The geographic and jurisdictional reach of this regulation is national, impacting the entire Commonwealth of Australia. While the regulation primarily focuses on economic aspects, it does not explicitly state exclusions or thresholds; however, its application is limited to the context of wartime economic organisation. The regulation does not extend or restrict its application through subordinate instruments but is a direct amendment to existing regulations under the National Security (Economic Organization) Regulations.
Key Provisions
The primary operative section of the Statutory Rules 1945, No. 91, under the National Security Act 1939-1943, involves an amendment to Regulation 16 of the National Security (Economic Organization) Regulations. Specifically, section 1(1) amends the existing regulation to clarify that the inclusion or alteration of any provision in any award, order, determination or agreement concerning time off duty without deduction or loss of pay, such as annual, recreation, or sick leave, will not be considered an alteration in the rate of remuneration applicable to any employment. This amendment is intended to ensure that changes in leave provisions do not inadvertently affect the calculation of wages.
The Act imposes obligations on the Industrial Authority, prohibiting it from altering rates of wages through changes in leave provisions. This means that while the Industrial Authority may adjust the terms and conditions of employment related to leave, it must do so in a way that does not impact the overall remuneration for employees. This requirement is clearly stated in the amendment to Regulation 16, ensuring that any modifications to leave arrangements do not affect wage rates.
Breaches of the provisions set out in these regulations could result in legal consequences. While the specific penalties are not detailed in the Statutory Rules 1945, No. 91, any violation of the regulations could potentially lead to civil or criminal consequences depending on the nature and severity of the breach. The Industrial Authority would need to ensure compliance to avoid any legal repercussions, which may include fines, corrective actions, or other remedies as prescribed by law.