STATUTORY RULES.
1944. No. 61.
REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1943.*
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 1939-1943.
Dated this fourth day of April, 1944.
GOWRIE
Governor-General.
By His Excellency’s Command,
E. J. HOLLOWAY
for and on behalf of the Minister of State for Defence.
Amendments of the National Security (Man Power) Regulations.†
Director-General may direct persons to accept employment, &c.
1. Regulation 15 of the National Security (Man Power) Regulations is amended—
(a) by omitting paragraphs (b)and (c) of sub-regulation (7.) and inserting in their stead the following paragraphs:—
“(b) pay to that first-mentioned person salary or wages—
(i) at the rate prescribed by any award, order or determination of an industrial tribunal or by any industrial agreement, binding the employer or person in respect of employees of the same classification as the classification in which the first-mentioned person is employed or in which he performs work or services; or
(ii) at the rate ruling for that classification in the establishment of the employer,
whichever is the higher, or, if no rate is so prescribed, at the rate customary in the circumstances; and
* Notified in the Commonwealth Gazette on 5th April, 1944.
† Statutory Rules 1942, No. 34, as amended by Statutory Rules 1942, Nos. 102, 113 and 345; 1943, Nos. 23, 88, 98 and 209; and 1944, Nos. 38, 54 and 56.
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“(c) observe in respect of the first-mentioned person the terms and conditions of employment so prescribed or, if no such terms and conditions are so prescribed, the terms and conditions customary in the circumstances,”; and
(b) by omitting sub-regulation (9.).
2. After regulation 15a of the National Security (Man Power) Regulations the following regulations are inserted:—
Director-General may control persons carrying on certain trades, &c.
“15aa.—(1.) The Director-General may, by order, make provision—
(a) that a person entitled to carry on or practise any trade, profession or calling specified in the order but not engaged in carrying on or practising that trade, profession or calling shall not, without the consent of the Director General or a Deputy Director-General, commence to carry on or practise that trade, profession or calling, or engage in any employment;
(b) that a person carrying on or practising, at any place, any trade, profession or calling specified in the order shall not without the consent of the Director-General or a Deputy Director-General cease to carry on or practise that trade, profession or calling at that place or commence to carry on or practise that trade, profession or calling at some other place whether on his own account or in the employment of any person; and
(c) that a person carrying on or practising any trade, profession or calling specified in the order in the employment of any person shall not, except with the consent of the Director-General or a Deputy Director-General, terminate his employment.
“(2.) An order under the last preceding sub-regulation may be expressed to apply to a particular person, to particular persons or to persons included in a class of persons specified in the order, and may contain such incidental and supplementary provisions as are necessary for the purposes of the order.
“(3.) Any consent under sub-regulation (1.) of this regulation may be absolute or subject to such conditions as the Director-General or the Deputy Director-General specifies.
“(4.) Where any such consent is given subject to conditions, the person to whom the consent is given shall comply with the conditions.
Payments to persons directed to accept employment, &c.
“15ab.—(1.) Subject to this regulation, and to the next succeeding regulation, where any person is directed under regulation 15 of these Regulations to engage in any employment or to perform any work or services which, in the opinion of the Director-General, requires or require his living away from his usual place of abode, and the employment, work or services is or are, in the opinion of the Director-General, not of a seasonal character which that person might reasonably have been expected to engage in or perform in the locality in which he is, by the direction, required to engage in employment or perform the work
or services, the Commonwealth shall, upon application being made in accordance with a form approved by the Director-General, pay to that person—
(a) his fare to the place at which he is directed to engage in the employment or to perform the work or services;
(b) compensation in respect of the time which, in the opinion of the Director-General or the Deputy Director-General, was occupied by that person in travelling to the place at which he is directed to engage in the employment or to perform the work or services and during which he would normally have worked but for his so travelling, calculated at a rate equivalent to the ordinary rate of wages or other remuneration payable to that person on the commencement of and in relation to the employment or the performance of the work or services in respect of the hours usually worked in the employment or on the work or services in the normal spread of hours;
(c) an allowance at the rate of One pound twelve shillings and sixpence per week for living away from home payable—
(i) in the case of a married man—for such period as is determined by the Minister in respect of any class of persons in which the married man is included; and
(ii) in any other case—for four weeks from the commencement of the employment or the performance of the work or services;
(d) in the case of a married man, the reasonable cost (not exceeding Twenty-five pounds unless, in any particular case, the Director-General otherwise directs) of—
(i) the removal of his furniture to the home established by him in the locality in which he is directed to engage in the employment or to perform the work or services, provided that, before effecting the removal, he has obtained the approval in writing of a National Service Officer to the removal; and
(ii) if the married man so requires, its return to his original place of abode or its vicinity after the completion of the employment or work or services in accordance with the terms of the direction; and
(e) in the case of a pattern maker, the reasonable cost of the removal of his tools of trade to the place at which he is directed to engage in the employment or to perform the work or services.
“(2.) The payments provided for in paragraphs (b), (c), (d)and (e) of the last preceding sub-regulation, or such of those payments as the Minister, by order, specifies in respect of the persons included in a class of persons, shall—
(a) be payable only to the persons included in a class, of persons so specified; and
(b) be payable only if, or continue for so long only as, the person directed observes in all respects the terms of the direction applicable to him.
“(3.) For the purposes of this regulation, the expression ‘married man’ means a married man maintaining a home for his wife and children (if any) in which he himself resides and includes a man (whether married or not) maintaining dependants in a home in which he himself resides.
Provision for payment by employers, &c.
“15ac.—(1.) If any award, order or determination of an industrial tribunal or an industrial agreement binding the employer or the person for whom the work or services is to be performed in respect of employees or persons of the same classification as the classification in which a person directed under regulation 15 of these Regulations is employed or in which he performs work or services provides that a payment of any kind referred to in paragraphs (a) to (e) of sub-regulation (1.) of the last preceding regulation, shall be borne by the employer or person for whom the person directed is to perform the work or services, the Commonwealth shall be relieved from liability under that regulation so far as the liability of that employer or person extends.
“(2.) If any such employer or person does not make any payment referred to in the last preceding sub-regulation which he is liable to make, the Commonwealth shall make the payment and that employer or person shall, on demand in writing by the Director-General, Deputy Director-General or a National Service Officer, be liable to pay to the Commonwealth the amount so paid and, in default of payment, the amount may be recovered in any court of competent jurisdiction as a debt due to the Commonwealth.
Provisions with respect to recreation leave.
“15ad. Where any person who engages in any employment or performs any work or services in pursuance of a direction given under regulation 15 of these Regulations was, at the time of the direction, under the conditions of his employment, entitled, or would, if he had continued in that employment for the qualifying period, have become entitled, to annual leave for recreation, the person who was his employer immediately prior to his being so directed shall be liable to pay to him, on demand, the monetary equivalent of any such annual leave already accrued and not taken or a sum which bears to the monetary equivalent of the annual leave to which he would have become entitled if he had remained in that employment for the qualifying period the same proportion as the portion of the qualifying period elapsed at the time of leaving that employment to comply with the direction bears to the whole of the qualifying period.
Provisions with respect to sick leave.
“15ae. Where any person directed under regulation 15 of these Regulations to engage in any employment or to perform any work or services is entitled, under an award, order or determination of an industrial tribunal or under an industrial agreement, relating to that employment or to the performance of that work or those services, to leave on the ground of illness for a specified number of days in each year of service, and that person was, under any such award, order, determination or agreement relating to the employment in which he was
engaged immediately prior to the giving of the direction, entitled to leave on the ground of illness for a specified number of days in each year of service, the employer in whose employment he is directed to engage or the person for whom he is directed to perform the work or services shall be liable to grant to him leave on the ground of illness in accordance with the provisions of the first-mentioned award, order, determination or agreement as though the portion of the current year of service spent in the employment in which he was engaged immediately prior to the direction was spent in the employment of the employer in whose employment he was directed to engage or of the person for whom he was directed to perform the work or services.
(2.) In calculating the amount of leave to which a person is entitled under the last preceding sub-regulation, account shall be taken of any leave previously taken during the current year of service.
Preservation of certain rights.
“15af.—(1.) Where any person directed under regulation 15 of these Regulations to engage in any employment or to perform any work or services has, or had, at the time of the direction, under the conditions of his employment immediately prior to his being so directed, rights as against his employer in respect of—
(a) long service leave or pay in lieu thereof (including pay to his dependants on his death);
(b) superannuation or pension (whether for himself or his dependants); or
(c) special leave, on the ground of illness accruing after long service (not being leave on that ground ordinarily granted in each year of service),
those rights shall not be deemed to have been terminated by reason of his compliance with the direction.
“(2.) If any such person is re-employed after having complied with any direction under regulation 15 of these Regulations by the person who was his employer immediately prior to the first direction given to him under that regulation, the continuity of his employment by that employer shall be deemed not to have been broken by his absence from that employment during any period between the date on which he left his employment to comply with the first such direction and the date on which he was re-employed, but that period shall not, by reason only of this sub-regulation, be reckoned as part of his period of employment unless he has, with the concurrence of the person who was his employer, continued to make the contributions which he would have been bound to make if he had remained in the employment of the employer for the purpose of maintaining his right to receive, in due course, superannuation or pension (whether for himself or his dependants) in which case the period during which he continued to pay the contributions shall be reckoned as part of the period of employment for the purpose of determining his rights to superannuation or pension.”.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
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