STATUTORY RULES.
1943. No. 19.
REGULATIONS 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 Regulations under the National Security Act 1939–1940.
Dated this twentieth day of January, 1943.
GOWRIE
Governor-General.
By His Excellency’s Command,
E. J. WARD
for and on behalf of the Minister of State
for Defence.
Amendments of the National Security (Holidays and Annual Leave) Regulations.†
Application of Regulations to the Crown.
1. Regulation 4 of the National Security (Holidays and Annual Leave) Regulations is amended by inserting, after the word “shall”, the words “, unless the contrary intention appears,”.
Except as prescribed persons not to be absent from work.
2. Regulation 5 of the National Security (Holidays and Annual Leave) Regulations is amended—
(a) by adding at the end of sub-regulation (9.) the following definitions:—
“‘employee’ means a person employed at or in any establishment, factory, mine, dockyard or workshop, who is engaged wholly or partly in production for war or defence purposes, or in the repair or overhaul of munitions of war, and includes a person employed in any Commonwealth or State Department, or by any authority of the Commonwealth or of a State, who is engaged on work associated with the prosecution of the war;
‘employer’ means an employer of an employee.”; and
* Notified in the Commonwealth Gazette on 21st January, 1943.
† Statutory Rules 1942, No 418, as amended by Statutory Rules 1942, No. 541.
(b) by adding at the end thereof the following sub-regulation:—
“(11.) The Minister may exempt any employer or employee or any employer or employee included in a class of employers or employees from the operation of this regulation.”.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
Overview
The Statutory Rules 1943 No. 19, Regulations under the National Security Act 1939–1940, were enacted by the Governor-General in the context of the pressing national security concerns of the time. These regulations were introduced to address the urgent need to maintain industrial productivity and workforce availability during World War II, specifically focusing on managing holidays and annual leave for workers engaged in essential war production and defence activities. The objective of these regulations was to ensure that the workforce necessary for the war effort remained operational, thereby supporting the overarching policy goal of bolstering national security and defence capabilities. Enacted by the Governor-General with the advice of the Federal Executive Council, these regulations underscore the government's commitment to utilising all available resources effectively in the national interest.
Scope and Application
The Statutory Rules of 1943, No. 19, made under the National Security Act 1939–1940, amends the National Security (Holidays and Annual Leave) Regulations to address specific wartime circumstances. These Regulations apply to the Crown and establish that employees engaged in production for war or defence purposes, or in the repair or overhaul of munitions of war, including those employed by Commonwealth or State Departments or authorities, must not be absent from work unless explicitly allowed. Additionally, the Regulations provide the Minister with the authority to exempt certain employers or employees, or classes thereof, from the restrictions imposed by these regulations. The jurisdictional reach of these Regulations is the Commonwealth, encompassing all employees within the defined scope who are engaged in activities critical to the war effort. The Regulations do not specify any exclusions or thresholds but rather extend their application through the authority granted to the Minister to issue exemptions as necessary.
Key Provisions
The National Security (Holidays and Annual Leave) Regulations, amended by these Statutory Rules, include several key provisions. Firstly, Regulation 4 has been modified to clarify that the regulations apply unless the contrary intention is evident (Reg. 1). Secondly, Regulation 5 has been amended to define terms such as "employee" and "employer" more comprehensively. An "employee" is now defined as someone engaged in production for war or defence purposes, repair or overhaul of munitions of war, or work associated with the prosecution of the war in any Commonwealth or State Department or by any authority (Reg. 2(a)). An "employer" is defined as the person who employs such an employee (Reg. 2(a)). Additionally, a new sub-regulation (11) has been introduced, allowing the Minister to exempt any employer or employee, or a class of employers or employees, from the regulation's requirements (Reg. 2(b)).
The obligations imposed by these regulations are primarily on employers and employees within the specified definitions. Employers must ensure that their employees, particularly those engaged in activities related to war or defence, adhere to the stipulated rules concerning holidays and annual leave. Employees, in turn, must comply with any conditions or restrictions set by their employers or the Minister, particularly those related to absence from work unless exempted. The Minister retains the authority to issue exemptions, which can alleviate some of the burdens on certain employers or employees, but these must be carefully managed to maintain overall compliance with national security objectives.
Failure to comply with these regulations can result in various consequences. While the specific penalties are not detailed in these regulations, breaches of national security provisions typically carry significant legal ramifications. Under the broader National Security Act 1939-1940, non-compliance can lead to criminal charges, with potential penalties including fines and imprisonment. The exact penalties depend on the severity of the breach and are determined by the courts. Additionally, civil consequences might also apply, depending on the nature of the breach and any specific contractual obligations between employers and employees. The overarching aim is to ensure that all parties adhere to the regulations to support national security efforts during times of conflict.