National Security (Housing of War Workers) Regulations (Amendment)

Legislation au C1943L00106 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1943. No. 106.

 

REGULATION 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 Regulation under the National Security Act 1939-1940.

Dated this twenty-eighth day of April, 1943.

GOWRIE

Governor-General.

By His Excellencys Command,

E. J. WARD

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

 

Amendment of the National Security (Housing of War Workers) Regulations.†

Definitions.

Regulation 4 of the National Security (Housing of War Workers) Regulations is amended—

(a) by omitting the definition of war worker and inserting in its stead the following definition:—

war worker means—

(a) a person who is engaged in the manufacture, production, repair or overhaul for war purposes of munitions of war or the maintenance of plant therefor; or

(b) a person who is included in a class of persons declared, in pursuance of the next succeeding sub-regulation, to be a class of war workers for the purposes of these Regulations.; and

(b) by adding at the end thereof the following sub-regulation:—

(2.) The Minister may, by order published in the Gazette, declare the persons engaged or employed, in any area specified by the Minister in the order, in any work, or by any person, so specified, to be a class of war workers for the purposes of these Regulations..

 

* Notified in the Commonwealth Gazette on 28th April, 1943.

† Statutory Rules 1941, No. 169, as amended by Statutory Rules 1941, Nos. 207 and 324; and 1942, Nos. 17, 171, 256 and 354.

 

By Authority: l. f. Johnston, Commonwealth Government Printer, Canberra.

2714.—price 3d.

Overview

The Statutory Rules 1943, No. 106, issued under the National Security Act 1939-1940, were enacted by the Governor-General, with advice from the Federal Executive Council, to address the evolving needs of the war effort in Australia during World War II. This legislative instrument amends the National Security (Housing of War Workers) Regulations, particularly focusing on the definition and classification of "war workers". The objective of this regulation was to expand the scope of who could be considered a war worker, thereby facilitating a more comprehensive approach to housing and other necessary support for those contributing to the war effort. The Minister of State for Defence, through this regulation, gained the authority to declare specific classes of workers as war workers based on their engagement in war-related work in designated areas, as published in the Commonwealth Gazette. The regulation was designed to provide flexibility in managing the workforce involved in critical war activities, ensuring that housing and other essential provisions could be efficiently allocated to support the national security objectives during wartime. The amendment to the definition of "war worker" and the introduction of the Minister’s authority to declare specific classes of war workers aimed to streamline the administrative processes and better cater to the dynamic demands of the war economy.

Scope and Application

This statutory regulation, made under the National Security Act 1939-1940, amends the National Security (Housing of War Workers) Regulations to refine the definition of "war worker" for the purposes of housing provisions during the war effort. The regulation applies to persons engaged in the manufacture, production, repair or overhaul of munitions for war purposes or the maintenance of related plant, as well as those persons declared by the Minister to be war workers in specified areas and occupations through orders published in the Gazette. The regulation thus broadens the scope of who can be considered a war worker by including a broader class of individuals involved in war-related work, as determined by the Minister. The geographic reach of this regulation is national, applying across all areas of Australia as determined by the Minister’s orders. There are no stated exclusions, exemptions, or thresholds within this specific regulation, although the overarching Act and its subsidiary regulations may contain such provisions.

Key Provisions

The primary operative sections of this legislative instrument (s. 1) modify the definition of "war worker" in Regulation 4 of the National Security (Housing of War Workers) Regulations (s. 2(a)). The new definition includes a person engaged in manufacturing, producing, repairing, or overhauling munitions of war or maintaining the necessary plant, or a person included in a class of persons declared by the Minister to be war workers. Additionally, the Minister is empowered to declare certain workers in specified areas to be war workers through a Gazette order (s. 2(b)). The Act imposes specific obligations on the Minister regarding the classification of war workers. The Minister must declare certain workers as war workers through a published Gazette order, specifying the areas and types of work involved (s. 2(b)). This power allows the Minister to adapt the definition of war workers to changing wartime needs and labour requirements. Breaching the provisions of this Act could lead to various consequences, although the specific legal ramifications are not detailed in the provided text. Given the context of wartime regulations, breaches might result in administrative, civil, or criminal penalties, depending on the nature and severity of the breach. The penalties could range from fines to imprisonment, but the exact maximum penalties are not specified in the provided excerpt. The overarching aim is to ensure compliance with wartime labour regulations to support the national security effort effectively.

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