National Security (Maritime Industry) Regulations

Legislation au C1942L00002 Regulations Not in force Legislative Instrument

Legislation content

STATUTORY RULES.

1942. No. 2.

 

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 second day of January, 1942.

GOWRIE

Governor General.

By His Excellency’s Command,

H. V. EVATT

for and on behalf of the Minister of State for Defence Co-ordination.

 

National Security (Maritime Industry) Regulations.

Citation.

1. These Regulations may be cited as the National Security (Maritime Industry) Regulations.

Purpose of Regulations.

2. The purpose of these Regulations is to secure during the present war the adequate and efficient manning of Australian merchant ships and the improvement and safeguarding of the conditions of all persons serving therein, and these Regulations shall be administered accordingly.

Administration.

3. These Regulations shall be administered by the Minister of State for Commerce.

Definitions.

4. In these Regulations, unless the contrary intention appears—

“employee” means a person, not being a pilot, who is employed or engages, offers or is qualified for employment, in any sea-going capacity in a ship;

“ship” means a ship registered in Australia or engaged in the coasting trade within the meaning of the Navigation Act 1912–1935;

“the Commission” means the Maritime Industry Commission constituted under these Regulations.

 

* Notified in the Commonwealth Gazette on 2nd January, 1942.

26.—Price 3d.


Application.

5. These Regulations shall bind the Crown both in the right of the Commonwealth and in the right of any State.

Maritime Industry Commission.

6.—(1.) There shall be a Commission to be called the Maritime Industry Commission which shall consist of a Chairman and eight other members.

(2.) The Commission shall be a body corporate with perpetual succession and a common seal.

(3.) The Chairman shall be appointed by the Governor-General and shall hold office on such terms and conditions as the Governor-General determines and shall represent the public interest.

(4.) The other members of the Commission shall be appointed by the Minister and shall hold office on such terms and conditions as the Minister determines.

(5.) The Commission may make by-laws for the purpose of regulating its proceedings and the transaction of its business.

(6.) The Chairman and four other members shall form a quorum.

Powers of Commission.

7.—(1.) For the fulfilment of the purpose of these Regulations the Commission may make orders providing for all or any of the following matters:—

(a) The determination, variation or rescission of, or addition to the terms and conditions of employment of employees, or any of such terms or conditions, in relation to, or as incidental to, the standard or ordinary hours of work in any week of employees in the maritime industry not exceeding forty-four;

(b) The granting of leave to employees;

(c) The accommodation and catering in ships for employees therein;

(d) The provision of accommodation and catering for employees while on shore;

(e) The manning of ships, the selection of ships’ complements, and the terms and conditions under which persons may become qualified for ranks or ratings;

(f) The number of the various classes of employees, classified according to their ranks and ratings, to be carried in any ship or class of ship;

(g) Preference in employment in ships;

(h) The recognition and elevation of the status of an employee as performing essential war service on behalf of the Commonwealth of Australia;

(i) The amount of payments to be made to employees by reason of war risks;

(j) The employment of shore labour in respect of work in port which otherwise would be done by seamen;

(k) The employment on ships, during the present war, of persons who are usually engaged in employment ashore, and the protection of the rights and interests of such persons in relation to their subsequent reinstatement in employment ashore, including the preservation of their existing and accruing rights; and

(l) Any matter which appears to the Commission to be conducive to the purpose of these Regulations.


(2.) Any order made under this regulation may be framed so as to apply either in relation to all employees, ships and places, or in relation to such particular employees, ships or places, or to such particular classes of employees, ships or places as are specified in the order.

(3.) Any order made under this regulation shall, notwithstanding anything contained in any law of the Commonwealth or of a State or Territory of the Commonwealth or any award, order or determination of any industrial tribunal or any industrial agreement, have full force and effect.

Forty-four hour week.

8. Notwithstanding anything contained in any law of the Commonwealth or of any State or Territory of the Commonwealth or in any award, order or determination of any industrial tribunal or in any industrial agreement, the standard or ordinary hours of work in any week of employees in the maritime industry shall not exceed forty-four.

Delegation by Commission.

9.—(1.) The Commission may, by instrument in writing and at its discretion, delegate to any person or body of persons all or any of its powers, functions and authorities under these Regulations (except this power of delegation) in relation to any matter or class of matters so that the delegated powers functions and authorities may be exercised by the delegate with respect to the matters or class of matters specified in the instrument of delegation.

(2.) Every delegation by the Commission shall be revocable in writing at will and no delegation shall prevent the exercise of any power, function or authority of the Commission.

Saving of certain regulations.

10. These Regulations shall not prejudice the operation of regulations 7a, 7b, 48 or 48a of the National Security (General) Regulations, or the National Security (Aliens Control) Regulations.

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.

Overview

The National Security (Maritime Industry) Regulations 1942 were introduced by the Australian Commonwealth Parliament during World War II to address the urgent need for efficient manning of Australian merchant ships and the safeguarding of the conditions of those employed in the maritime industry. The Regulations were made under the authority of the National Security Act 1939–1940, aiming to ensure that maritime operations could continue effectively in support of the war effort. The primary policy objective was to regulate various aspects of employment in the maritime industry, including terms and conditions of employment, manning of ships, and the employment of shore labour in ports. The Regulations established the Maritime Industry Commission, tasked with overseeing these aspects and making orders to fulfil these objectives, which were to have precedence over any other laws, awards, or agreements.

Scope and Application

The National Security (Maritime Industry) Regulations, established under the National Security Act 1939–1940, apply to the maritime industry within Australia, specifically targeting the regulation of the employment terms and conditions for employees in sea-going capacities on ships registered in Australia or engaged in the coasting trade. These Regulations are designed to ensure the efficient manning of Australian merchant ships and to safeguard the conditions of all persons employed in the maritime industry during wartime. Administered by the Minister of State for Commerce, these Regulations establish the Maritime Industry Commission, a body corporate with the power to make orders concerning various aspects of maritime employment, including hours of work, leave, accommodation, manning, and the recognition of essential war service. The Regulations also establish a forty-four-hour work week for employees in the maritime industry, overriding any conflicting laws, awards, or agreements. Notably, these Regulations do not affect certain other national security regulations, ensuring that specific provisions related to aliens control and general national security measures remain in force.

Key Provisions

The National Security (Maritime Industry) Regulations (1942) establish specific rules to ensure the efficient manning of Australian merchant ships and the protection of maritime industry employees during a period of war, as specified in section 2. These regulations mandate the creation of the Maritime Industry Commission, detailed in section 6, which is tasked with overseeing these provisions. This Commission, composed of a Chairman and eight other members, is empowered to make orders regarding various aspects of employment, such as terms and conditions of employment (section 7(1)(a)), leave (section 7(1)(b)), and the accommodation and catering of employees (section 7(1)(c) and (d)). The Commission also has the authority to set the maximum number of weekly working hours for maritime employees at forty-four (section 8), a limit that supersedes any conflicting laws or agreements (section 7(3)). Furthermore, the Commission can delegate its powers to other individuals or bodies, as outlined in section 9, although such delegations can be revoked at any time. These Regulations impose a number of obligations on the Commission and other relevant parties. The Commission is responsible for ensuring the effective implementation of the Regulations and has the authority to make by-laws governing its proceedings (section 6(5)). The Commission must also act in the public interest, with the Chairman appointed by the Governor-General and other members by the Minister (sections 6(3) and 6(4)). Employers within the maritime industry must comply with the terms set by the Commission, including adhering to the forty-four-hour work week limit (section 8) and any other orders made by the Commission under section 7. Employers are also required to provide appropriate accommodation and catering for their employees, both onboard and while they are ashore (sections 7(1)(c) and (d)). Breach of these Regulations can result in various civil and criminal consequences. While the Regulations themselves do not specify detailed penalties, breaches of similar wartime regulations have historically led to fines and potential imprisonment. For instance, under the National Security (General) Regulations 1939, penalties for offences could include fines up to 500 pounds or imprisonment for up to five years, or both (section 8 of the National Security (General) Regulations 1939). Given the overarching purpose of these Regulations to secure national security, breaches may also be subject to additional wartime-specific penalties. Non-compliance with orders made by the Commission could result in legal action to enforce adherence to the stipulated terms, potentially leading to further civil or criminal penalties as prescribed by other applicable laws.

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National Security Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Delegation by Commission
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.