STATUTORY RULES
1945. No. 168.
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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 thirty-first day of October, 1945.
HENRY
Governor-General
By His Royal Highness’s Command,
E. J. HOLLOWAY
for and on behalf of the Minister of
State for Defence.
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Amendment of the National Security (Engineering Trades Dilution) Regulations.†
After regulation 17b of the National Security (Engineering Trades Dilution) Regulations the following regulation is inserted:—
Recognized tradesman deemed added tradesman in certain circumstances.
“17c.—(1.) A recognized tradesman in any declared engineering trade shall not be engaged or employed, or continue to be employed, as a tradesman, in any other engineering trade to which these Regulations apply unless his engagement or employment as a tradesman in that other engineering trade has been authorized by a Local Dilution Committee.
“(2.) A recognized tradesman whose engagement or employment, as a tradesman, in any engineering trade has been authorized in pursuance of the last preceding sub-regulation shall, for the purposes of these Regulations, be deemed to be an added tradesman while he is so employed.
“(3.) The Minister may, by notice published in the Gazette, declare any engineering trade to be a declared engineering trade for the purpose of this regulation.”.
* Notified in the Commonwealth Gazette on 1st November, 1945.
† Statutory Rules 1941. No. 102, as amended, by Statutory Rules 1941, Nos. 255, 277 and 288; 1943, Nos. 143, 188 and 278; and 1945, No. 73.
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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
5172.—Price 3d.
Overview
Statutory Rules 1945 No. 168, made under the National Security Act 1939-1943, was enacted to address the need for greater regulation in the engineering trades during wartime. The Act aimed to ensure that the dilution of skilled labour was managed effectively, maintaining the quality and efficiency of engineering work essential for national security. This regulation was introduced by the Governor-General in Council, acting on the advice of the Minister of State for Defence. The policy objective was to prevent recognised tradesmen from being employed in other engineering trades without proper authorisation, thus maintaining workforce stability and productivity in critical industries. The regulation inserted a new sub-regulation 17c to the National Security (Engineering Trades Dilution) Regulations, stipulating that a recognised tradesman could not be employed in another engineering trade unless authorised by a Local Dilution Committee, and such employment would deem them an added tradesman under the regulations.
Scope and Application
The Statutory Rules 1945 No. 168, made under the National Security Act 1939-1943, amends the National Security (Engineering Trades Dilution) Regulations, specifically targeting the regulation of tradesmen in engineering trades during a period of national security. This regulation applies to recognised tradesmen within declared engineering trades, ensuring that they cannot be engaged or employed in other engineering trades without authorisation from a Local Dilution Committee. The regulation also provides that such authorised tradesmen shall be deemed as added tradesmen for the purposes of these regulations, thereby maintaining strict oversight on their employment in different engineering roles. The geographic reach of this regulation is national, affecting tradesmen across Australia as defined by the Minister through notices in the Commonwealth Gazette. There are no specific exclusions or exemptions mentioned in the text, indicating a broad application intended to ensure efficient workforce management during a period of national security.
Key Provisions
The key operative section of this regulation (17c) mandates that a recognized tradesman in any declared engineering trade cannot be engaged or employed in another engineering trade unless their employment in that trade has been authorized by a Local Dilution Committee (subsection 17c(1)). Furthermore, if a Local Dilution Committee authorizes such employment, the recognized tradesman is deemed to be an added tradesman for the duration of their employment in the new trade (subsection 17c(2)). The Minister is empowered to declare any engineering trade as a declared engineering trade via a notice in the Gazette (subsection 17c(3)). These provisions aim to regulate the employment of skilled tradesmen in engineering trades to ensure that they are appropriately authorized and classified within the scope of the National Security Act.
The Act imposes several obligations and requirements on the parties involved. Firstly, recognized tradesmen must not be employed in another engineering trade without authorization from a Local Dilution Committee. Secondly, if a Local Dilution Committee does authorize such employment, the tradesman is subject to the regulations pertaining to added tradesmen. Additionally, the Minister holds the authority to declare any engineering trade as a declared engineering trade, which affects the applicability of these regulations to that trade. These obligations ensure that employment practices in engineering trades align with national security requirements and maintain a regulated framework for tradesmen's roles.
Failure to comply with these regulations can result in legal consequences. While the specific offences and penalties are not detailed in this excerpt, breaches of regulations under the National Security Act 1939-1943 can typically lead to enforcement actions, fines, or other civil or criminal penalties as prescribed by the Act. The severity of these penalties can vary depending on the nature and extent of the breach, with potential maximum penalties as outlined in the overarching National Security Act.