STATUTORY RULES.
1948. No. .
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REGULATION UNDER THE DEFENCE (TRANSITIONAL PROVISIONS) ACT 1946–1947.*
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 Defence (Transitional Provisions) Act 1946-1947.
Dated this eleventh day of August, 1948.
W.J. McKell.
Governor-General.
By His Excellency’s Command,
for and behalf of the Minister of State for Post-war Reconstruction.
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Amendment of the National Security (Female Minimum Rates) Regulations.†
Effect of Regulations on awards, &c.
Regulation 10 of the National Security (Female Minimum Rates) Regulations is amended—
(a) by omitting from sub-regulation (1a.) the word “regulation” (second and third occurring) and inserting in its stead the word “specification” ; and
(b) by inserting after sub-regulation (2.) the following sub-regulation :—
“(2a.) Nothing in these Regulations shall operate to prevent an industrial authority from awarding or approving a rate, or minimum rate, of remuneration for any employment which is higher than the minimum rate for that employment fixed by or under these Regulations, and sub-regulations (1.) and (1a.) of this regulation shall not apply to any award, order, determination or industrial agreement to the extent that it prescribes any such higher rate.”
* Notified in the Commonwealth Gazette on , 1948.
† Being the Regulations having that title as in force under the Defence (Transitional Provisions) Act 1946-1947. The Regulations under the National Security Act 1939-1946 having the corresponding title comprise Statutory Rules 1944, No. 108, as amended by Statutory Rules 1945, Nos. 139 and 203; and 1946, No. 49. These Regulations were also amended by the Defence (Transitional Provisions) Act 1946.
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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
3756.—Price 3d. 8/14.7.1948.
Overview
The Statutory Rules of 1948, No. 107, under the Defence (Transitional Provisions) Act 1946-1947, addresses the need to amend the National Security (Female Minimum Rates) Regulations, ensuring that industrial authorities have the flexibility to award higher rates of remuneration than those fixed by the regulations themselves. Enacted by the Governor-General in the Commonwealth of Australia, acting with the advice of the Federal Executive Council, this legislative instrument aims to provide a smoother transition from wartime economic controls to peacetime conditions. The policy objective is to allow for more adaptable industrial agreements that can respond to the changing economic landscape while still providing a baseline for fair wages.
Scope and Application
The Defence (Transitional Provisions) Act 1946-1947 encompasses the regulation and amendment of certain provisions related to the National Security (Female Minimum Rates) Regulations, primarily focusing on the transitional adjustments post-World War II. This legislative instrument, made under the Defence (Transitional Provisions) Act 1946-1947, amends Regulation 10 of the National Security (Female Minimum Rates) Regulations. The amendment aims to clarify the applicability of these regulations by replacing specific terms and introducing flexibility for industrial authorities to award or approve higher rates of remuneration for employment than those fixed by the regulations. This amendment applies to any awards, orders, determinations, or industrial agreements that prescribe such higher rates, ensuring that the regulations do not overly restrict the setting of remuneration. The scope of the legislation is primarily concerned with the Commonwealth jurisdiction, impacting the rates of remuneration for female employees as they transition from wartime to peacetime economic conditions. The regulation extends its reach to any industrial authority empowered to make awards or approve rates, thereby affecting entities and persons involved in employment agreements within the specified scope.
Key Provisions
The main operative sections of these Regulations, made under the Defence (Transitional Provisions) Act 1946-1947, concern amendments to the National Security (Female Minimum Rates) Regulations (paragraph 10). Specifically, the Regulations modify sub-regulation (1a.) by replacing the word "regulation" with "specification" in two instances, and introduce a new sub-regulation (2a.) (paragraph 10(a) and (b)). The new sub-regulation (2a.) allows an industrial authority to award or approve a rate of remuneration for any employment that exceeds the minimum rate specified by the Regulations, provided that sub-regulations (1.) and (1a.) do not apply to any award, order, determination, or industrial agreement that prescribes such a higher rate.
These Regulations impose specific obligations on parties and entities governed by the National Security (Female Minimum Rates) Regulations. Industrial authorities are granted the flexibility to award or approve higher rates of remuneration for employment than those stipulated by the Regulations, subject to the conditions outlined in sub-regulation (2a.). This means that while the Regulations set a baseline minimum rate, they do not preclude the possibility of higher rates being set through industrial agreements or awards, provided these do not contravene the specified sub-regulations.
Breaches of these Regulations could potentially lead to legal consequences. However, the specific offences, penalties, or consequences for non-compliance are not explicitly stated within the text of these Regulations. It is important to note that while the Regulations provide for higher rates of remuneration under certain conditions, any failure to comply with the specified sub-regulations might result in legal disputes or challenges, particularly if an industrial authority's decisions are contested. The exact civil or criminal consequences would depend on the context and interpretation by relevant authorities or courts.