STATUTORY RULES.
1942. No. 345.
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 fourth day of August, 1942.
GOWRIE
Governor-General.
By His Excellency’s Command,
E. J. WARD
for and on behalf of the Minister of State for Defence.
Amendments of the National Security (Man Power) Regulations. †
Exemption from service in the Defence Force.
1.—(1.) Regulation 6 of the National Security (Man Power) Regulations is amended by omitting sub-regulations (5.) to (10.) (inclusive) and inserting in their stead the following sub-regulations:—
“(5.) Without affecting the generality of sub-regulation (1.) of this regulation, a Police, Stipendiary or Special Magistrate may from time to time grant exemption from service in the Defence Force to any person (not being a person serving in the Defence Force at the time of making application for exemption) upon whom, or upon whose parents or dependants, the magistrate is satisfied that the rendering of such service would impose great hardship.
“(6.) Any such exemption—
(a) shall be for such period not exceeding six months as the Magistrate specifies; and
(b) may be subject to such conditions as the Magistrate thinks fit.
“(7.) The Minister may, by order, regulate the procedure with respect to the making and hearing of applications for exemption under sub-regulation (5.) of this regulation.
* Notified in the Commonwealth Gazette on 5th August, 1942.
† Statutory Rules 1942, No. 34, as amended by Statutory Rules 1942, Nos. 102 and 113.
4617.—Price 5d.
“(8.) For the purposes of sub-regulation (5.) of this regulation a person who has been enlisted in the Defence Force but—
(a) has not been required to serve as a member thereof; or
(b) has not been allotted to a unit, or to a General Details Depot
shall not be deemed to be a person serving in the Defence Force.
“(9.) Exemptions under this regulation shall be in addition to the exemptions prescribed by section 61 of the Defence Act 1903-1941.
“(10.) A person who is exempt from service in the Defence Force by virtue of this regulation shall not thereby be exempt from compliance with regulation 141a of the Australian Military Regulations, and shall (unless the Director-General otherwise directs) do all things required to be done by a person liable to enlist and serve in the Defence Force, but shall not be required to take the oath of enlistment.”.
(2.) The order made on the nineteenth day of February, 1942, under sub-regulation (6.) of regulation 6 of the National Security (Man Power) Regulations shall, notwithstanding the repeal effected by the last preceding sub-regulation, continue in force, but may be amended or repealed under the National Security (Man Power) Regulations as amended by these Regulations.
(3.) All exemptions granted under regulation 60a of the National Security (General) Regulations and in force immediately prior to the commencement of this regulation shall, notwithstanding the repeal effected by sub-regulation (1.) of this regulation, continue in force but may be varied or revoked by the Minister of State for Labour and National Service or the Director-General of Man Power.
2. After regulation 6 of the National Security (Man Power) Regulations the following regulation is inserted:—
Exemption of certain persons from application of Part IV. of the Defence Act.
“6a. Part IV. of the Defence Act 1903-1941 shall not apply to any person who is—
(a) the representative in Australia of the Government of, or Trade Commissioner or Assistant Trade Commissioner of, any part of the King’s dominions outside Australia (including any British Protectorate); or
(b) a member of the staff of any such person if that member is ordinarily resident in the country represented by that person and is temporarily resident in Australia for the purpose of performing his official duties.”.
Applications for certificates of exemption.
3. Regulation 7 of the National Security (Man Power) Regulations is amended by inserting in sub-regulation (1.), after the word “service”, the words “by virtue of the provisions of that Act”.
Director General of Man Power.
4. Regulation 8 of the National Security (Man Power) Regulations is amended by adding at the end thereof the following sub-regulation :—
“(5.) The Director-General shall, in relation to matters arising under these Regulations, be deemed to be a Chief Officer for the purposes of the Treasury Regulations.”.
Regulation of engagement of employees.
5. Regulation 13 of the National Security (Man Power) Regulations is amended—
(a) by omitting sub-regulation (1.) and inserting in its stead the following sub-regulation:—
“(1.) Subject to this regulation, a person shall not seek to engage or engage a person except after obtaining a permit from the Director-General or from an officer authorized by him, or through a National Service Office.”; and
(b) by omitting sub-regulations (2.) and (5.).
Suspension from employment of persons engaged in protected undertakings.
6. Regulation 16a of the National Security (Man Power) Regulations is repealed and the following regulations inserted in its stead:—
“16a.—(1.) Where any employer carrying on a protected undertaking has reason to believe that any person employed therein has been guilty of serious misconduct, the employer may suspend that person from duty and shall forthwith submit to the Director-General, or to a person in the State in which the undertaking is carried on authorized by the Director-General to act under this regulation (in this regulation referred to as an ‘authorized person’), a statement in writing setting out the grounds of the suspension.
“(2.) On receipt of any statement in pursuance of the last preceding sub-regulation, the Director-General or authorized person shall make a thorough examination of the grounds of suspension set out in the statement and shall, within seven days after the receipt of the statement, decide whether—
(a) the suspension should be confirmed;
(b) the suspension should be removed unconditionally; or
(c) the suspension should be removed but the person suspended should be employed in his former position or in some lesser position than his former position and the date from which, and the conditions on which (including loss or partial loss of wages or pay for the whole or portion of the period of suspension) he should be so employed,
and shall give notice in writing of his decision to the parties concerned.
“(3.) If either party is aggrieved by any decision given under the last preceding sub-regulation he may, within seven days after the date of the notice thereof, lodge with the Director-General or authorized person an objection in writing against the decision, stating fully and in detail the grounds on which he relies, and the Director-General or authorized person, shall forthwith submit the objection to a Local Appeal Board constituted under sub-regulation (3.) of the last preceding regulation.
“(4.) A Local Appeal Board to which such an objection is so submitted shall, as soon as practicable—
(a) hear the objection; and
(b) make such order confirming, revoking or varying the decision against which the objection was lodged as it thinks fit.
“(5.) Any such order shall be in writing and a copy thereof shall be forwarded to the Director-General or authorized person, to the employer of the person suspended and to the person suspended.
“(6.) Nothing in sub-regulation (4.) of this regulation shall authorize a Local Appeal Board to make an order in excess of the authority conferred on the Director-General or authorized person under sub-regulation (2.) of this regulation.
“(7.) Where—
(a) a decision that the suspension of any person should be removed unconditionally is given under sub-regulation (2.) of this regulation, and an objection against the decision is not lodged in pursuance of sub-regulation (3.) of this regulation; or
(b) the effect of an order of a Local Appeal Board under sub-regulation (4.) of this regulation is that the suspension of any person should be removed unconditionally,
the employer shall—
(c) in the case of a decision specified in paragraph (a) of this sub-regulation—as soon as practicable after the expiration of seven days from the date of the notice to him of the decision; or
(d) in the case of an order of a Local Appeal Board specified in paragraph (b) of this sub-regulation—as soon as practicable after the terms of the order are known to him,
reinstate the person suspended in his employment in an occupation and under conditions not less favorable to him than those which were applicable to him immediately prior to his suspension, and shall pay to him the wages of which he was deprived during the term of his suspension.
“(8.) Where—
(a) a decision that the suspension of any person should be confirmed is given under sub-regulation (2.) of this regulation, and an objection against the decision is not lodged in pursuance of sub-regulation (3.) of this regulation; or
(b) the effect of an order of a Local Appeal Board under sub-regulation (4.) of this regulation is that the suspension of any person should be confirmed,
the employment of the person suspended shall be deemed to have been terminated on the date on which he was suspended.
“(9.) Where—
(a) a decision that a person suspended should be re-employed in his former position or in some position lesser than his former position is given under sub-regulation (2.) of this regulation and an objection against the decision is not lodged in pursuance of sub-regulation (3.) of this regulation; or
(b) the effect of an order of a Local Appeal Board under sub-regulation (4.) of this regulation is that a person suspended should be re-employed in his former position or in some lesser position than his former position,
the employer shall—
(c) in the case of a decision specified in paragraph (a) of this sub-regulation—as soon as practicable after the expiration of seven days from the date of the notice to him of the decision; or
(d) in the case of an order of the Local Appeal Board specified in paragraph (b) of this sub-regulation—as soon as practicable after the terms of the order are known to him,
employ the person suspended in such position, as from such date and on such conditions, and pay him such wages and do such other things as are necessary, to give effect to the decision or order and the person suspended shall be bound by, and shall abide by, the decision and order in all respects.
Procedure of Local Appeal Boards.
“16b.—(1.) The Minister may, by order, regulate the procedure, with respect to the hearing by Local Appeal Boards, of appeals under regulation 16 of these Regulations and of objections under the last preceding regulation.
“(2.) Where the members of a Local Appeal Board are divided in opinion as to the decision to be given on any matter, the matter shall be decided according to the decision of the majority, if there is a majority, and, if there is not a majority, the decision on the matter shall be postponed until a subsequent meeting of the Board.”.
Provisions as to information.
7. Regulation 17 of the National Security (Man Power) Regulations is amended by inserting in paragraph (c), after the word “place”, the words “, on such date and at such time”.
Committees of Advice.
8.—(1.) Regulation 19 of the National Security (Man Power) Regulations is amended—
(a) by omitting from sub-regulation (2.) the word “Each” and inserting in its stead the words “Subject to this regulation, each”;
(b) by inserting after sub-regulation (2.) the following sub-regulation :—
“(2a.) Where the Minister considers it desirable so to do, he may appoint to any such Committee two additional members, one of whom shall be a representative nominated by employers’ organizations within the period and in the manner determined by the Minister and the other of whom shall be nominated by employees’ organizations within the like period and in the like manner.”; and
(c) by adding at the end thereof the following sub-regulation:—
“(4.) The Chairman and each member of the Commonwealth Committee of Advice, and the Chairman and each member of each State Committee of Advice shall be paid such remuneration and allowances as the Minister determines.”.
(2.) This regulation shall be deemed to have come into operation on the thirty-first day of January, 1942.
4617.—2
Part III. not to apply to certain persons.
9. Regulation 26 of the National Security (Man Power) Regulations is amended by omitting from sub-paragraph (iii) of paragraph (e) the word “Royal”.
Registration after 25th March, 1942.
10. Regulation 28 of the National Security (Man Power) Regulations is amended by inserting in paragraph (b) of sub-regulation (1.), after the word “person” (first occurring) the words “whose identity card was not previously surrendered under regulation 40 of these Regulations”.
Lost, &c. identity cards.
11. Regulation 37 of the National Security (Man Power) Regulations is amended by inserting after sub-regulation (1.) the following sub-regulation:—
“(1a.) The Returning Officer may, subject to any directions of the Director-General, remit the payment of the fee prescribed by the last preceding sub-regulation in any case in which he is satisfied that it would be inequitable to require the payment.”.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.