STATUTORY RULES.
1942. No. 395.
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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 fourteenth day of September, 1942.
GOWRIE
Governor-General.
By His Excellency’s Command,
H. V. EVATT
for and on behalf of the Minister of State for Defence.
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Amendments of the National Security (Industrial Peace) Regulations.†
1. After regulation 9 of the National Security (Industrial Peace) Regulations the following regulation is inserted:—
Reference of matters to Court by Minister.
“9a.—(1.) Where, for the purpose of carrying out any works, the direction and control of which are vested in any authority appointed under any regulation made under the National Security Act 1939-1940, any persons who are employed by, or whose services are under the control of, that authority are required, for the purpose of the performance of their duties or services, to move from any State to any other State, and the Minister or the Attorney-General is of opinion that the terms and conditions of their employment or service are thereby affected, he may refer to the Court any matters with respect to the terms and conditions of employment or service to be observed in relation to the carrying out of the works or similar works in the State to which those persons have moved.
* Notified in the Commonwealth Gazette on 14th September, 1942.
† Statutory Rules 1940, No. 290, as amended by Statutory Rules 1941, Nos. 26, 49, 271 and 300; and by Statutory Rules 1942, No. 143.
6551.—Price 3d.
“(2.) Upon the reference to the Court of any matter under this regulation the Court may, notwithstanding that an industrial dispute affecting the matter does not exist and notwithstanding anything contained in any other law of the Commonwealth, proceed to hear and determine the matter in like manner as if it were a matter referred to the Court under the last preceding regulation.”.
2. After regulation 17 of the National Security (Industrial Peace) Regulations the following regulation is inserted:—
Registrar to notify other organizations of pending hearing.
“18. As soon as possible after any industrial dispute or industrial matter is referred or submitted to the Court or to a Conciliation Commissioner, or any application is made for the variation of any award or order of the Court or of a Conciliation Commissioner, the Registrar shall cause notice in writing thereof to be given to all organizations which are not parties to the dispute or directly concerned in the matter but the members of which, in his opinion, would, or might be, affected by the terms of any award or order made in settlement of the dispute or matter or any order of variation, as the case may be.”.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
Overview
Statutory Rules 1942, No. 395, issued under the National Security Act 1939-1940, was enacted to address the complexities arising from industrial disputes that could impact national security efforts during a period of heightened conflict. The regulations were made by the Governor-General in Council, with the intent of ensuring that the movement of workers for national security-related work across state borders did not disrupt industrial peace. The policy objective was to facilitate the smooth execution of critical national security projects by providing a mechanism for the resolution of any employment terms issues that arose when workers moved between states. These regulations specifically inserted new provisions to allow the Minister or the Attorney-General to refer employment conditions matters to the Court when interstate movement of workers for national security work was involved, and to ensure that affected organisations were notified of pending hearings.
Scope and Application
The Statutory Rules 1942, No. 395, made under the National Security Act 1939-1940, introduce amendments to the National Security (Industrial Peace) Regulations. These regulations primarily apply to persons employed by or under the control of authorities appointed under the National Security Act, particularly in scenarios where such individuals are required to move between states for work purposes. The Act empowers the Minister or the Attorney-General to refer matters concerning the terms and conditions of employment to the Court if these are affected by the relocation. The Court has the authority to hear and determine such matters even if an industrial dispute does not formally exist or if other laws would typically apply. Furthermore, these regulations require the Registrar to notify relevant organisations that are not directly involved in the dispute but whose members might be affected by the outcomes, ensuring transparency and inclusivity in the proceedings. The regulations extend across state lines, reflecting their national scope and application within the Commonwealth of Australia.
Key Provisions
The Regulations under the National Security Act 1939-1940 (C1942L00395) primarily introduce two key provisions within the National Security (Industrial Peace) Regulations. Regulation 9a (1) allows the Minister or the Attorney-General to refer to the Court any matters regarding the terms and conditions of employment or service when workers under the control of an authority appointed under the National Security Act are required to move from one state to another for the purpose of carrying out works. This referral can occur if the Minister or Attorney-General believes the terms and conditions of their employment are affected by such movement. Regulation 9a (2) then empowers the Court to hear and determine the matter even if no industrial dispute exists and irrespective of other laws. Regulation 18 requires the Registrar to notify, as soon as possible, all organizations not directly involved in the dispute but whose members might be affected by the terms of any award or order made in settlement of the dispute or any order of variation.
These Regulations impose several obligations on the relevant parties. The Minister or the Attorney-General must assess whether the terms and conditions of employment are affected when workers move between states for national security works and can refer such matters to the Court. The Court is then tasked with the responsibility of hearing and determining these matters, even in the absence of an industrial dispute, ensuring that the workers' employment conditions are adequately addressed. The Registrar must also notify all relevant organizations that are not directly involved in the dispute but whose members might be affected by the Court's decisions.
Breaches of these Regulations or failure to comply with the obligations imposed could potentially lead to legal consequences. However, the specific offences, penalties, or consequences are not explicitly stated in the provided text. In general, under Australian law, non-compliance with statutory regulations can result in administrative actions, fines, or other penalties as prescribed by the relevant legislation. The exact penalties would depend on the nature of the breach and the specific provisions of the National Security Act 1939-1940.