STATUTORY RULES.
1941. No. 233.
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 Nineteenth
day of September , 1941.
Governor-General.
By His Excellency’s Command,
for Minister of State for Defence Co-ordination.
National Security (New Guinea Industrial Peace) Regulations.
Citation.
1. These Regulations may be cited as the National Security (New Guinea Industrial Peace) Regulations.
Definition.
2. In these Regulations—
“the Award” means the interim award which the Honourable Arthur Blakeley purported to make on the twentieth day of August, 1941, as a Conciliation Commissioner, in the matter of the New Guinea and Papuan Miners and Workers Union versus New Guinea Goldfields Ltd. and others and also the New Guinea and Papuan Miners and Workers Union versus Bulolo Gold Dredging Limited and others, as varied by the variation of that award which the Honourable Arthur Blakeley purported to make on the seventeenth day of September, 1941, as a Conciliation Commissioner.
Award in gold-mining industry.
3. The Award shall be binding on the parties thereto and shall have effect in all respects and be enforceable as if it were an award of the Commonwealth Court of Conciliation and Arbitration and made by a Conciliation Commissioner appointed under the Commonwealth Conciliation and Arbitration Act 1904-1934.
* Notified in the Commonwealth Gazette on , 1941.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
6041.—20/17.9.1941.—Price 3d.
Overview
The National Security (New Guinea Industrial Peace) Regulations 1941 were enacted under the National Security Act 1939-1940 to address immediate industrial disputes in the gold-mining industry of New Guinea during a period of national crisis. The Governor-General in Council made these regulations to ensure industrial peace in the region, recognising the importance of maintaining stability in critical industries during wartime. The policy objective was to enforce the interim award made by Arthur Blakeley, acting as a Conciliation Commissioner, thereby establishing a binding agreement between the New Guinea and Papuan Miners and Workers Union and the respective mining companies, and ensuring its enforceability as if it were an award of the Commonwealth Court of Conciliation and Arbitration.
Scope and Application
The National Security (New Guinea Industrial Peace) Regulations, made under the National Security Act 1939-1940, apply specifically to the interim award made by the Honourable Arthur Blakeley on 20 August 1941, as well as its subsequent variation on 17 September 1941, concerning industrial disputes within the New Guinea gold-mining industry. These Regulations bind the parties involved in the industrial disputes between the New Guinea and Papuan Miners and Workers Union and the New Guinea Goldfields Ltd, as well as Bulolo Gold Dredging Limited. The scope of the Act extends to enforcing the award as if it were an award made by the Commonwealth Court of Conciliation and Arbitration under the Commonwealth Conciliation and Arbitration Act 1904-1934. The Regulations aim to ensure industrial peace in the New Guinea gold-mining industry during a period of national security concern.
Key Provisions
The main operative sections of the National Security (New Guinea Industrial Peace) Regulations (1941) focus primarily on the binding nature of a specific industrial award in the gold-mining industry in New Guinea. Section 2 provides a definition for "the Award", which refers to an interim award made by Arthur Blakeley on 20 August 1941, and any variations of that award made on 17 September 1941. Section 3 then goes on to establish that this Award is binding on all parties involved and is enforceable as if it were an award made by the Commonwealth Court of Conciliation and Arbitration.
These Regulations impose specific obligations and requirements on the parties involved in the gold-mining industry in New Guinea. Section 3 makes it mandatory for the parties to adhere to the terms of the Award, treating it as a legally binding document. This means that employers, employees, and any other relevant parties must follow the terms and conditions set out in the Award, ensuring industrial peace and compliance with the award's provisions.
For breach of these Regulations, there may be civil and criminal consequences. Although the specific offences, penalties, or consequences are not detailed in the provided text, it can be inferred that non-compliance with the binding nature of the Award and the requirements of the Regulations could lead to legal action. The precise penalties would depend on the nature and severity of the breach, but they could potentially include fines, imprisonment, or other legal sanctions. The exact penalties would be determined by the relevant courts and legal authorities.