STATUTORY RULES.
1940. No. 91.
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REGULATION UNDER THE NATIONAL SECURITY ACT, 1939.*
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.
Dated this Twenty fourth day of May 1940.
Governor-General.
By His Excellency’s Command,
for Minister of State for Defence Co-Ordination.
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Amendment of National Security (General) Regulations.†
After regulation 59 of the National Security (General) Regulations the following regulation is inserted:—
Training and employment of persons for the production of munitions or supplies.
“59a.—(1.) If it appears to the Minister of State for Supply and Development that the production of munitions of war or supplies required for the efficient prosecution of the war is likely to be seriously prejudiced by reason of a shortage of persons skilled in any particular trade, he may make such arrangements as he considers necessary for the training of a sufficient number of persons in that trade or in any branch of that trade, and for the employment of persons so trained in connexion with the production of munitions of war or supplies.
(2.) The training and employment of any person in accordance with any such arrangement shall be lawful notwithstanding anything contained in any enactment other than the National Security Act 1939, or in any instrument (including any award, determination or agreement) having effect by virtue of any such enactment, but nothing in this regulation shall authorize the imposition of any form of industrial conscription.
(3.) Where, by any enactment or instrument referred to in the last preceding sub-regulation, provision is made for the increase of the number of tradesmen in the Metal Trade classifications as stated in
* Notified in the Commonwealth Gazette on May, 1940.
† Statutory Rules 1939, No. 87, as amended by Statutory Rules 1939, Nos. 103, 174 and 177; and 1940, Nos. 8, 32, 34, 45, 67 and 71.
3078.—8/16.5.1940.—Price 3d.
Clause 5 of the Consolidated Metal Trades Award made by the Commonwealth Court of Conciliation and Arbitration (Serial No. 3477) and varied prior to the first day of May, 1940, the enactment or instrument shall have effect subject to any arrangement which has been or may be made in pursuance of this regulation, except so far as the Minister of State for Supply and Development, by notice in the Gazette, otherwise directs.”
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
Overview
The Statutory Rules 1940 No. 91 is a legislative instrument under the National Security Act 1939, enacted to address the urgent need for skilled labour in the production of munitions and supplies during the Second World War. This regulation, issued by the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, aims to facilitate the training and employment of persons skilled in trades critical to the war effort. The policy objective of this regulation is to ensure that the production of war materials is not hindered by a shortage of skilled workers, thereby supporting the national security and defence needs of Australia during a critical period. This regulation allows for the necessary arrangements for training and employment, exempting these activities from other enactments and industrial instruments, while explicitly prohibiting any form of industrial conscription.
Scope and Application
The regulation, made under the National Security Act 1939, provides a framework for the training and employment of individuals skilled in trades essential for the production of munitions of war or supplies. This regulation applies to any person identified by the Minister of State for Supply and Development as necessary for the efficient prosecution of the war. The scope of this regulation is limited to ensuring the availability of skilled labour to meet the demands of wartime production, and it explicitly states that no form of industrial conscription is authorised. The regulation allows the Minister to make arrangements for training and employment, rendering such activities lawful despite any contrary provisions in other enactments or instruments. However, any enactment or instrument that provides for the increase of tradesmen in the Metal Trade classifications is subject to the arrangements made under this regulation, unless otherwise directed by the Minister in the Commonwealth Gazette. This regulation is applicable across the Commonwealth of Australia, reflecting the national scope of the wartime measures.
Key Provisions
The key operative sections of these regulations, under the National Security Act 1939, introduce a new regulation (Regulation 59a) aimed at addressing potential shortages in skilled labour for the production of munitions and supplies during wartime. This regulation allows the Minister of State for Supply and Development to make necessary arrangements for the training of individuals in specific trades and their subsequent employment in the production of war-related materials. This is lawful even if it contravenes other enactments or agreements, with the exception of industrial conscription (Regulation 59a(2)). The regulation also provides that any existing laws or awards related to increasing the number of tradesmen in metal trades will be subject to these arrangements unless otherwise specified by the Minister in the Gazette (Regulation 59a(3)).
The Act imposes several obligations on the Minister of State for Supply and Development. The primary obligation is to assess whether there is a shortage of skilled personnel that could affect the production of war munitions or supplies (Regulation 59a(1)). Upon such a determination, the Minister must take necessary action to train a sufficient number of individuals in the relevant trades and ensure their employment in the production of war materials. Additionally, the Minister has the authority to modify existing laws or industrial agreements to facilitate these arrangements, provided that no industrial conscription is imposed (Regulation 59a(2)).
Breach of the provisions in these regulations could lead to significant legal consequences. While the regulations do not explicitly outline specific offences or penalties, any contravention of the National Security Act 1939 or its associated regulations could result in civil or criminal penalties as stipulated under the overarching Act. The penalties for breaches of the National Security Act can include fines and imprisonment, with the severity of the penalty dependent on the nature and extent of the breach. The specific maximum penalties would be detailed in the main Act, not in these regulations.