STATUTORY RULES.
1944. No. 191.
––––––––
REGULATION UNDER THE NATIONAL SECURITY ACT 1939-1943.*
I, THE ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the National Security Act 1939-1943.
Dated this twenty-first day of December, 1944.
W. DUGAN
Administrator.
By His Excellency’s Command,
E. J. HOLLOWAY
for and on behalf of the Minister of State for Defence.
––––––
Amendment of the National Security (Industrial Peace)
Regulations.†
Definitions
Regulation 2 of the National Security (Industrial Peace) Regulations is amended by inserting before the definition of “the Act” in sub-regulation (1.) the following definition:—
“‘organization’ means any association or body, whether corporate or unincorporate, the objects of which include the protection of the interests of its members in industrial matters (and, in particular, their representation before industrial tribunals and authorities) and which, in the case of an association or body of employees, is registered under any law of the Commonwealth or of a State or Territory of the Commonwealth”.
* Notified in the Commonwealth Gazette on 21st December, 1944.
† Statutory Rules 1940, No. 290, as amended by Statutory Rules 1941, Nos. 26, 49, 271 and 300; 1942, Nos. 143 and 395; and 1943, Nos. 40 and 156.
–––––––––––––––––––
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
7398.—Price 3d.
Overview
The Statutory Rules of 1944 No. 191, issued under the National Security Act 1939-1943, were enacted to amend the National Security (Industrial Peace) Regulations with the intent to clarify and expand the definition of "organisation" within the context of industrial matters. This legislative instrument was made by the Administrator of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, and dates from the 21st day of December, 1944. The regulation was published in the Commonwealth Gazette on the same date and was issued by authority of L. F. Johnston, the Commonwealth Government Printer in Canberra. The primary objective of these amendments was to ensure that industrial organisations, particularly those involved in representing employees' interests before industrial tribunals and authorities, were adequately defined and recognised within the regulatory framework, thereby facilitating the maintenance of industrial peace during a time of national security concern.
Scope and Application
The Statutory Rules 1944 No. 191, made under the National Security Act 1939-1943, amends the National Security (Industrial Peace) Regulations by expanding the definition of "organisation" to include any association or body, whether corporate or unincorporate, whose primary objectives include the protection of its members' interests in industrial matters, such as representation before industrial tribunals and authorities. This definition applies specifically to associations or bodies of employees that are registered under any law of the Commonwealth or a State or Territory. The regulation's reach is national, impacting all entities registered under relevant laws across Australia, and it extends the scope of the original legislation by clarifying and broadening the types of organisations that fall under its purview. There are no stated exclusions, exemptions, or thresholds within this particular regulation, though broader application and enforcement may be detailed in subordinate instruments or further regulations made under the National Security Act.
Key Provisions
The main operative sections of this Statutory Rule, which amends the National Security (Industrial Peace) Regulations, focus on the definition of "organization" within the context of industrial relations. Specifically, section 2 introduces a new definition for the term "organization" (Regulation 2(1)) to include any association or body, whether corporate or unincorporated, that aims to protect the interests of its members in industrial matters, particularly their representation before industrial tribunals and authorities. This definition is crucial for identifying which bodies are subject to the provisions of the Regulations.
These Regulations impose certain obligations and requirements on the parties and entities they govern. For instance, any organization that falls within the new definition will need to adhere to the specific requirements outlined in the National Security (Industrial Peace) Regulations. These could include compliance with reporting obligations, participation in designated industrial processes, or adherence to standards set by industrial tribunals and authorities. The broadened definition ensures that a wider range of associations and bodies are captured under the regulatory framework, thereby enhancing oversight and regulation of industrial activities.
The Statutory Rule also outlines the potential consequences for breaches of the Regulations. While the document does not specify the exact nature of the offences or the penalties, it is reasonable to infer that any failure to comply with the regulations could lead to legal action. The National Security Act 1939-1943, under which these Regulations are made, likely provides for both civil and criminal penalties for non-compliance. These penalties could include fines, imprisonment, or other sanctions deemed necessary to enforce the regulations and ensure industrial peace. The severity of the penalties would depend on the nature and extent of the breach, as well as any aggravating factors present in the specific case.