STATUTORY RULES.
1941. No. 277.
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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 twenty sixth day of November,1941.
(SGD.) GOWRIE
Governor-General.
By His Excellency’s Command,
for and on behalf of the Minister of State for Defence Co-ordination.
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Amendment of the National Security (Engineering Trades Dilution) Regulations.†
Local Dilution Committees.
Regulation 9 of the National Security (Engineering Trades Dilution) Regulations is amended by adding at the end of sub-regulation (1.) the following proviso:—
“Provided that where it appears to the Minister that in any State the interests of a substantial proportion of the tradesmen to whom these Regulations apply would not be represented by a representative specified in paragraph (c) or paragraph (d) of this sub-regulation, the Committee in that State shall include in lieu of the representative so specified such person as the Minister thinks fit.”.
* Notified in the Commonwealth Gazette on , 1941.
† Statutory Rules 1941, No. 102.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
6350—20/1.10.1941.—Price 3d.
Overview
The Statutory Rules 1941, No. 277, represents a regulatory amendment made under the National Security Act 1939-1940, enacted to address issues related to the dilution of trades in the engineering sector during the Second World War. This regulation was introduced to ensure that the interests of a substantial proportion of tradesmen in a given state were adequately represented in local dilution committees. The enactment body for these regulations is the Governor-General in and over the Commonwealth of Australia, acting on the advice of the Federal Executive Council. The policy objective of this amendment was to provide flexibility in the composition of these committees to better serve the needs of the engineering trades during the war effort.
This regulation modifies the National Security (Engineering Trades Dilution) Regulations by adding a proviso to Regulation 9, which pertains to the establishment of local dilution committees. The amendment allows for the inclusion of a person deemed appropriate by the Minister when it is evident that the interests of a significant number of tradesmen would not be represented by the existing specified representatives. This ensures that the committees are better equipped to address the unique needs and concerns of the tradesmen in various states, thereby supporting the overarching goal of maintaining and enhancing national security during a period of heightened conflict.
Scope and Application
The Statutory Rules 1941, No. 277, made under the National Security Act 1939-1940, pertains specifically to the amendment of the National Security (Engineering Trades Dilution) Regulations. This regulation is concerned with the establishment and operation of Local Dilution Committees within the Commonwealth of Australia, which are tasked with overseeing the dilution of skilled trades in engineering during times of national emergency. The regulation applies to these committees, their composition, and the roles and responsibilities of their members, particularly those representing the interests of tradesmen. The regulation ensures that these committees are adequately representative of the tradesmen's interests in each state by allowing the Minister to appoint an alternative representative if the existing provisions do not sufficiently cover the interests of a substantial proportion of tradesmen. The scope of this regulation is confined to the Commonwealth and aims to maintain the efficiency and productivity of engineering trades during critical periods such as wartime. The regulation does not explicitly state any exclusions or thresholds, but its application is inherently limited to situations deemed necessary by the Minister for national security purposes.
Key Provisions
The key provision of this legislative instrument is the amendment to Regulation 9 of the National Security (Engineering Trades Dilution) Regulations (sub-regulation 1). This amendment introduces a proviso that allows the Minister to alter the composition of Local Dilution Committees in any state if it appears that a substantial proportion of tradesmen would not be adequately represented by the representatives specified in paragraphs (c) or (d) of the original sub-regulation (1). This means that instead of the specified representatives, the Minister may direct that a different person, deemed suitable by the Minister, be included in the Committee for that state. This change is intended to ensure that the interests of all tradesmen are fairly represented in the decision-making process of these Committees.
Under this regulation, the Minister of State for Defence Co-ordination has the obligation to assess the representation of tradesmen in each state and determine whether any changes are necessary to ensure fair and adequate representation. If the Minister finds that a substantial proportion of tradesmen are not represented by the specified representatives, they must take action to include a suitable alternative in the Local Dilution Committee for that state. This places a responsibility on the Minister to ensure that the Committees are representative of the tradesmen they are meant to serve, thereby facilitating a more equitable and effective decision-making process.
Failure to comply with the requirements of this regulation may result in legal consequences for the Minister, as well as for the Local Dilution Committees. If the Minister does not properly assess the representation of tradesmen and make necessary changes to the Committee composition, they may be held accountable for any resulting grievances or dissatisfaction among the tradesmen. Additionally, if the Local Dilution Committees do not adhere to the provisions of this regulation, they may face legal action for non-compliance, which could result in fines or other penalties as determined by the relevant authorities. The specific penalties for such breaches are not detailed in this regulation but may be found in other relevant legislation.