National Security (Hours of Work) Regulations

Legislation au C1942L00446 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1942. No. 446.

 

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 seventeenth day of October, 1942.

Governor-General.

By His Excellency’s Command,

for and on behalf of the Minister of State for Defence.

 

National Security (Hours of Work) Regulations.

Citation.

1. These Regulations may be cited as the National Security (Hours of Work) Regulations.

Administration.

2. These Regulations shall be administered by the Minister of State for Labour and National Service.

Definitions.

3. In these Regulations, unless the contrary intention appears—

“authorized person” means the Director-General of Munitions or the Director-General of Aircraft Production or any other person authorized by the Minister to grant approvals under sub-regulation (1.) of regulation 7 of these Regulations;

“employer” includes the Crown (whether in right of the Commonwealth or of a State) and all instrumentalities or authorities of or under the Crown (whether in right of the Commonwealth or of a State);

“employee” means any person who is employed in manual work in or in connexion with any industrial process or any person, or any person included in a class of persons, declared by the Minister by notice published in the Gazette to be an employee or class of employees for the purposes of these Regulations; and

“the Secretary” means the Secretary, Department of Labour and National Service.

 

* Notified in the Commonwealth Gazette on     , 1942.

7389.—Price 3d.        3/17.10.1942.


Hours of employees aged less than eighteen years.

4. An employer shall not require or permit any employee aged less than eighteen years to work, or be in attendance at his place of employment for the purpose of working, for more than forty-eight hours in any week exclusive of unpaid intervals allowed for meals.

Hours worked prior to 30th November, 1942, not to exceed 60 per week.

5. In respect of any week ending before the thirtieth day of November, 1942, an employer shall not require or permit any employee aged eighteen years or over to work, or be in attendance at his place of employment for the purpose of working, for more than sixty hours in any week exclusive of unpaid intervals allowed for meals.

Hours worked after 30th November, 1942, not to exceed 56 per week.

6. In respect of any week ending after the thirtieth day of November, 1942, an employer shall not require or permit any employee aged eighteen years or over to work, or be in attendance at his place of employment for the purpose of working, for more than fifty-six hours in any week exclusive of unpaid intervals allowed for meals.

Exceptions.

7.—(1.) Nothing contained in regulation 4, 5 or 6 of these Regulations shall prevent an employer from requiring or permitting any employee or any employees included in a class of employees to work, or be in attendance at his or their place of employment for the purpose of working, for hours in excess of the maximum hours allowed by those regulations—

(a) in case of emergency—in any three weeks in any period of three consecutive months; or

(b) where an authorized person is of the opinion that work or attendance during additional hours is necessary in the interests of the defence of the Commonwealth or the successful prosecution of the war, and so certifies in writing to the employer—for such period and to such extent as the authorized person approves in writing.

(2.) Every authorized person shall furnish, or cause to be furnished, to the Secretary a copy of every such approval granted by him.

(3.) Every employer to whom any such approval is granted shall, during the currency of the approval, at the expiration of every period of three months after the grant of the approval, and at the expiration of the period covered by the approval, notify the Secretary in writing of the period during which and the extent to which, the employees or persons included in the class of employees specified in the approval have worked in excess of the maximum hours which would, but for the approval, be allowed by regulation 4, 5 or 6 of these Regulations.

Operation of certain State laws.

8. Where any act or omission which constitutes a contravention of these Regulations constitutes or involves, or would, but for these Regulations, constitute or involve, an offence against any law of a State or Territory of the Commonwealth, nothing in these Regulations shall prevent the offender being prosecuted and punished under the law of the State or Territory, but the offender shall not be punished twice for the same offence.

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.

Overview

The National Security (Hours of Work) Regulations 1942 were introduced to manage and regulate the working hours of employees in light of the national security context of the Second World War. Enacted by the Governor-General in Council under the authority of the National Security Act 1939-1940, these regulations aimed to ensure that working conditions did not compromise the health and efficiency of workers, especially those critical to the war effort. Administered by the Minister of State for Labour and National Service, the regulations set forth specific maximum weekly hours for employees under and over eighteen years old, with exceptions allowed in cases of emergency or where deemed necessary for defence purposes. The policy objective was to balance the demands of the war effort with the need to protect the health and welfare of the workforce.

Scope and Application

The National Security (Hours of Work) Regulations, made under the National Security Act 1939-1940, apply to employers and employees across the Commonwealth of Australia, including the Crown and its instrumentalities or authorities. These regulations are administered by the Minister of State for Labour and National Service. They stipulate maximum weekly working hours for employees, with different limits for those under and over the age of eighteen years. Employers are prohibited from requiring employees under eighteen to work more than forty-eight hours a week, while those aged eighteen and over are limited to sixty hours a week until 30 November 1942, and fifty-six hours thereafter. However, these limits can be exceeded in cases of emergency or where an authorized person certifies that additional work is necessary for the defence of the Commonwealth or the war effort. Employers must notify the Secretary of the Department of Labour and National Service when exceeding these limits. The regulations also allow for prosecution under state or territory laws for offences that also contravene state laws, ensuring that offenders are not exempt from state penalties by virtue of these Commonwealth regulations.

Key Provisions

The National Security (Hours of Work) Regulations establish specific working hours for employees, particularly emphasizing limits for those under eighteen and those over eighteen, with adjustments post-November 1942. For employees under eighteen, regulation 4 stipulates that they cannot work more than forty-eight hours per week, excluding unpaid meal intervals. For those aged eighteen and above, regulation 5 sets a limit of sixty hours per week until November 1942, which decreases to fifty-six hours per week from December 1942 as per regulation 6. However, regulation 7 allows exceptions under certain conditions: in emergencies, or if an authorized person, such as the Director-General of Munitions or Aircraft Production, certifies that extended hours are necessary for national defence or the war effort. Employers must notify the Secretary of these exceptions, providing details of the extended hours worked. The Regulations impose specific obligations on employers to adhere to the stated working hour limits unless an exception applies. Employers must ensure compliance with the stipulated weekly hours for different age groups and report any exceptions to the Secretary. An authorized person can approve deviations from the standard hours, and employers must submit detailed notifications to the Secretary whenever such exceptions occur. These obligations are designed to balance the need for increased productivity during wartime with the protection of employee welfare. Breach of these Regulations can lead to significant legal consequences. Regulation 8 clarifies that violations of these Regulations, which also contravene state laws, can result in prosecution under state law without prejudice to the application of federal penalties. This means that employers and employees found in breach of these working hour limits could face prosecution in state courts and, if convicted, may incur penalties prescribed by state laws in addition to any federal penalties. The exact nature and severity of penalties would depend on the specific breach and the jurisdiction in which prosecution occurs, but the potential for dual penalties underscores the importance of compliance with these Regulations.

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National Security Law
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.