STATUTORY RULES.
1942. No. 381.
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REGULATION 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 second day of September, 1942.
GOWRIE
Governor-General.
By His Excellency’s Command,
H. V. EVATT
for and on behalf of the Minister of State for Defence.
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Amendment of the National Security (Employment of Women) Regulations.†
Applications for permission to employ females.
Regulation 6 of the National Security (Employment of Women) Regulations is amended by inserting, after sub-regulation (4.), the following sub-regulation:—
“(4a.) Notwithstanding anything contained in these Regulations, where by or under any law of a State or Territory of the Commonwealth, the employment of females on work in or about any bar-room of any licensed premises is prohibited (whether absolutely or subject to specified exceptions), any decision of the Board (whether given before or after the commencement of this sub-regulation and whether given unconditionally or subject to conditions) that females may be employed on that work shall not, in so far as it is inconsistent with that law, have any force or effect unless and until the decision is approved by the Minister of State for Labour and National Service by order published in the Gazette.
“In this sub-regulation, the expression ‘licensed premises’ means premises in respect of which a licence for the sale or supply of intoxicating liquor is in force or deemed to be in force.”.
* Notified in the Commonwealth Gazette on 2nd September, 1942.
† Statutory Rules 1942, No. 146, as amended by Statutory Rules 1942, Nos. 236, 263 and 294.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
Overview
Statutory Rules 1942 No. 381, made under the National Security Act 1939-1940, was introduced to address the need for tighter control over the employment of women in specific roles during wartime. Enacted by the Governor-General in Council, this regulation amended the National Security (Employment of Women) Regulations to ensure that any decision allowing women to work in bar-rooms of licensed premises had to be approved by the Minister of State for Labour and National Service, aligning with state and territory laws that may prohibit such employment. The policy objective was to maintain the integrity of state laws concerning the employment of women in potentially sensitive areas, particularly during a period of national security concerns.
Scope and Application
The regulation under the National Security Act 1939-1940 primarily applies to the employment of females in specific roles within licensed premises, particularly in bar-rooms, and is subject to state or territory laws that may prohibit such employment. The amendment to the National Security (Employment of Women) Regulations targets entities or individuals seeking permission to employ females in these restricted areas. The regulation mandates that any decision by the Board to allow such employment must be approved by the Minister of State for Labour and National Service, with the approval being communicated via an order published in the Gazette. The regulation's jurisdictional reach extends across the Commonwealth, ensuring compliance with both federal and state or territory laws. Notably, the regulation does not create new exemptions or thresholds but instead provides a mechanism for the Board's decisions to be overridden by ministerial approval, thereby reinforcing the primacy of state or territory laws over federal decisions in this context.
Key Provisions
The operative sections of this legislative instrument are concerned with amending the National Security (Employment of Women) Regulations, specifically with respect to the employment of females in bar-room work at licensed premises (Regulation 6). Under the amendment, any decision by the relevant Board permitting the employment of females in such work is rendered ineffective unless it is approved by the Minister of State for Labour and National Service and published in the Gazette. This amendment applies where state or territory laws prohibit the employment of females in bar-room work at licensed premises, either absolutely or subject to specified exceptions (Reg. 6(4a)).
The Act imposes several obligations on the parties involved. Firstly, the Board must apply to the Minister of State for Labour and National Service for approval before employing females in bar-room work at licensed premises where state or territory laws prohibit such employment. Secondly, the Minister must review and approve the Board's decision, which must then be published in the Gazette. Thirdly, employers are required to ensure that any employment of females in bar-room work at licensed premises complies with state or territory laws, and the provisions of this regulation.
Breaching the provisions of this regulation can result in both civil and criminal consequences. If a decision by the Board permitting the employment of females in bar-room work at licensed premises is not approved by the Minister and published in the Gazette, the employment may be considered unlawful. This could result in legal action against the employer for employing someone in a prohibited capacity. Furthermore, the Minister may impose penalties under the National Security Act 1939-1940 for non-compliance with the regulation. The specific penalties for breach are not detailed in this legislative instrument, but they could include fines or imprisonment, depending on the severity of the breach and the relevant state or territory laws.