STATUTORY RULES.
1943. No. 23.
REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939–1940.*
WHEREAS it appears to me to be necessary and expedient for securing the public safety, the defence of the Commonwealth and the Territories of the Commonwealth, and the efficient prosecution of the war in which His Majesty is engaged, that Regulations should be made requiring persons, to the extent specified in the following Regulations, to place themselves and their services at the disposal of the Commonwealth:
Now therefore 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 twenty-ninth day of January, 1943.
(SGD.) GOWRIE.
Governor-General.
By His Excellency’s Command,
(SGD.) E. J. WARD
for and on behalf of the Minister of
State for Defence.
Amendments of the National Security (Man Power) Regulations.†
Exemptions from service in the Defence Force.
1. Regulation 6 of the National Security (Man Power) Regulations is amended by omitting sub-regulation (8.) and inserting in its stead the following sub-regulation:—
“(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) is not for the time being allotted to a unit or to a General Details Depot,
shall be deemed not to be a person serving in the Defence Force.”.
* Notified in the Commonwealth Gazette on , 1943
† Statutory Rules 1942, No. 34, as amended by Statutory Rules 1942, Nos. 102, 113 and 345.
2. After regulation 6a of the National Security (Man Power) Regulations the following regulation is inserted:—
Director-General may prohibit enlistment of persons in Defence Force, &c.
“6b.—(1.) If it appears to the Director-General to be necessary in the interests of the public safety or the defence of the Commonwealth or of any Territory of the Commonwealth, he may, by order—
(a) prohibit the appointment to, or enrolment or enlistment in, the Defence Force, or in any of the organizations referred to in paragraph (e) of regulation 26 of these Regulations, of any person or the persons included in any class of persons; or
(b) specify conditions upon which such appointment, enrolment or enlistment of any person, or persons included in any class of persons, shall be permissible.
“(2.) Any such prohibition, or the application of any such condition, may be expressed to be permanent or for a limited period.
“(3.) A person shall not do anything in contravention of, or inconsistent with, any such prohibition or condition.”.
Provisions relating to persons employed in protected undertakings.
3. Regulation 14 of the National Security (Man Power) Regulations is amended—
(a) by inserting after sub-regulation (1.) the following sub-regulation:—
“(1a.) Nothing in the last preceding sub-regulation shall be taken to empower the Director-General or any person authorized by him to give permission for the termination of the employment of any person on the ground of serious misconduct.”; and
(b) by inserting in sub-regulation (2.), after the word “change”, the words “or terminate”.
4. Regulation 15 of the National Security (Man Power) Regulations is repealed and the following regulations inserted in its stead:—
Director-General may direct persona to accept employment, &c.
“15.—(1.) The Director-General may direct any person resident in Australia to engage in employment under the direction and control of the employer specified in the direction, or to perform work or services (whether for a specified employer or not) specified in the direction.
“(2.) Any such direction may be restricted to a particular class of employment, work or services or may be in general terms, and may specify the period within which, or the time at which, the person directed shall commence to engage in the employment or to perform the work or services.
“(3.) Any such direction may be given so as to apply—
(a) to any particular person;
(b) to all or any persons in a particular area; or
(c) to all persons included in a particular class of persons.
“(4.) Any direction under sub-regulation (1.) of this regulation may be given by notice in writing served on the person to whom the direction applies personally or by post addressed to his usual or last-known place of abode or business.
“(5.) Every person to whom any such direction is applicable shall comply with the direction and with all proper instructions given to him, in relation to the employment, work or services which he is directed to engage in or perform, by the employer or by such person as is specified in the direction.
“(6.) A person shall not be directed under sub-regulation (1.) of this regulation to engage in employment or to perform work or services which would, in the opinion of the Director-General, require his living away from his usual place of abode unless the Director-General is satisfied that suitable living accommodation is available for that person in or reasonably near the locality in which it is proposed to direct him to engage in the employment or perform the work or services.
“(7.) Where any person is directed under sub-regulation (1.) of this regulation to engage in employment under the direction and control of any employer, or perform any work or services for any person, that employer or person shall—
(a) employ that first-mentioned person or utilize his work or services in accordance with the direction;
(b) pay to that first-mentioned person 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 that 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; and
(c) observe in respect of that person the terms and conditions of employment so prescribed,
and shall not change or terminate the employment, work or services except in accordance with the terms of the direction or with the permission in writing of the Director-General or a person authorized by him to give permission in such cases.
“(8.) A person who has engaged in employment or commenced to perform work or services in accordance with a direction under sub-regulation (1.) of this regulation shall not change or terminate his employment or cease to perform that work or those services except in accordance with the terms of the direction or with the permission in writing of the Director-General or a person authorized by him to give permission in such cases.
“(9.) Where any person is directed under this regulation to engage in employment or to perform work or services which, in the opinion of the Director-General, requires or require his living away from his usual place of abode, the employer or person for whom he is to perform work or services shall, unless the Director-General otherwise directs, pay him reasonable transportation expenses (including, where the Director-General so directs in special circumstances, the reasonable expenses of transporting his wife and family) to the place at which he is required to engage in employment or to perform work or services.
“(10.) Where any unemployed person who has been directed under sub-regulation (1.) of this regulation to engage in any employment or to perform any work or services ceases, without contravention, on his part, of this regulation, to be engaged in that employment or performance, the period during which he was employed or performing work or services in accordance with the direction shall not be taken into account for the purposes of determining what governmental assistance or relief he should receive as an unemployed person.
Exemptions from regulation 15.
“15a.—(1.) There shall be exempt from the provisions of the last preceding regulation—
(a) the representatives in Australia of the Government of another country;
(b) foreign consuls; and
(c) any person specified in regulation 6a, or paragraph (a), (c), (d) or (e) of regulation 26, of these Regulations.
“(2.) The Director-General may, after making such inquiries as he thinks fit, grant to any person exemption from compliance with a direction under sub-regulation (1.) of the last preceding regulation.
“(3.) Any such exemption shall be for such period as the Director-General specifies, and may be subject to such conditions as the Director-General thinks fit.
“(4.) The Minister may, by order, regulate the procedure with respect to the making of applications for exemption under sub-regulation (2.) of this regulation.
“(5.) A person shall not—
(a) make, either orally or in writing, a false or misleading statement in, in connexion with, or in support of, any application for exemption under this regulation, either for himself or for any other person; or
(b) make or present to the Director-General or to any person doing duty in relation to this regulation, any statement or document which is false or misleading in any particular.
Application of regulations 16a, 16b and 16c.
“15b. The provisions of regulations 16a, 16b and 16c of these Regulations and of any order relating to objections under regulation 16a of these Regulations shall, mutatis mutandis, apply where any employer or person has reason to believe that a person employed by him, or performing work or services for him, as a result of a direction under regulation 15 of these Regulations, has been guilty of serious misconduct.”.
Appeals to Local Appeal Board.
5. Regulation 16 of the National Security (Man Power) Regulations is amended—
(a) by inserting in paragraph (a) of sub-regulation (1.), after the word “under”, the words “sub-regulation (1.) or (2.) of”;
(b) by omitting paragraph (b) of sub-regulation (1.) and inserting in its stead the following paragraph:—
“(b) an employer or any person by or in respect of whom an application for permission under sub-regulation (7.) or (8.) of regulation 15 of these Regulations has been made is aggrieved by reason of the fact that the permission asked for has been given or refused,”.
Suspension from employment of persons engaged in protected undertakings.
6. Regulation 16a of the National Security (Man Power) Regulations is amended by inserting in sub-regulation (2.), after the word “statement” (third occurring), the words “or as soon thereafter as is practicable”.
Procedure of Local Appeal Boards.
7. Regulation 16b of the National Security (Man Power) Regulations is amended by omitting from sub-regulation (2.) the words “on the matter shall be postponed until a subsequent meeting of the Board” and inserting in their stead the words “of the Chairman shall be the decision of the Board”.
8. After regulation 16b of the National Security (Man Power) Regulations the following regulation is inserted:—
Special provisions with respect of appeal tribunals of Commonwealth or State authorities.
“16c.—(1.) Where, under any law of the Commonwealth (other than these Regulations) or of any State, a tribunal (in this regulation referred to as ‘the appeal tribunal’) is constituted to hear appeals by persons employed by an authority constituted by or under any such law against any decision of the authority or of an officer of the authority to terminate the employment of any such person or suspend any such person from duty on the ground of serious misconduct, or to determine questions in relation to the termination of employment of any such person or the suspension of any such person from duty on that ground, the Director-General may declare that authority to be an authority to which this regulation applies.
“(2.) Where a person employed in a protected undertaking by an authority declared to be an authority to which this regulation applies has the right, if the employment of that person is terminated or if that person is suspended from duty on the ground of serious misconduct to appeal to the appeal tribunal, or has the right to have any question in relation to the termination of his employment or of his suspension from duty on that ground determined by the appeal tribunal—
(a) the provisions of regulation 16a of these Regulations shall not apply in relation to that person; and
(b) it shall be lawful, notwithstanding the provisions of regulation 14 of these Regulations, for the authority or officer to terminate the employment of any such person on the ground of serious misconduct.”.
Provisions as to information.
9. Regulation 17 of the National Security (Man Power) Regulations is amended by inserting after the word “Minister” the words “or the Director-General”.
Records.
10. Regulation 20 of the National Security (Man Power) Regulations is amended—
(a) by inserting in paragraph (b), after the word “kept”, the words “, and any time and pay sheets kept by him,”; and
(b) by adding at the end of paragraph (d) the words “and to inspect any time and pay sheets kept by the employer”.
Marriage of registered persons.
11. Regulation 43 of the National Security (Man Power) Regulations is amended by omitting from paragraph (a) of sub-regulation (1.) the words “at the foot of the front thereof” and inserting in their stead the words “on the front thereof above the name and address of the person to whom it relates and below the postmark appearing thereon”.
12. After regulation 45 of the National Security (Man Power) Regulations the following regulation is inserted:—
Production of identity cards on engagement in employment.
“45a.—A person shall not engage a person in employment except after demanding the production of the identity card of the person sought to be engaged.
“(2.) A person who is sought to be engaged in employment shall, on demand by the person seeking to engage him, produce to that person—
(a) if an identity card has been issued to him—that identity card; or
(b) if he is a member of the Defence Force who is in possession of a certificate of release from war service or a leave pass—that certificate or leave pass.
“(3.) If a person sought to be engaged does not produce an identity card, a certificate of release from war service or a leave pass covering the period of the proposed employment, the person seeking to engage him shall, within three days after he engages the first-mentioned person, notify the fact, together with the name and address (which he is hereby authorized to demand) of that person to a National Service Officer or to a person, or person included in a class of persons, authorized by the Director-General.”.
13. After regulation 60 of the National Security (Man Power) Regulations the following regulation is inserted:—
Rules of procedure.
“61. The provisions of sub-regulation (7.) of regulation 6, sub-regulation (4.) of regulation 7 and of sub-regulation (1.) of regulation 16b of these Regulations empowering the Minister to make orders regulating the procedure with respect to the making and hearing of applications and the hearing of appeals and objections shall be deemed to include the power to make provision as to—
(a) the summoning and examination of witnesses and the production of books, documents and papers;
(b) the administration of oaths and affirmations;
(c) the protection of and liabilities of witnesses; and
(d) costs and the expenses of witnesses and parties.”.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.