STATUTORY RULES.
1947. No. .
REGULATION UNDER THE DEFENCE (TRANSITIONAL PROVISIONS) ACT 1946.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Defence (Transitional Provisions) Act 1946.
Dated this eghth day of October , 1947.
W. J. McKell
Governor-General.
By His Excellency’s Command,
for and on behalf of the Minister of State for Post-war Reconstruction.
———
Amendment of the National Security (Shipping Co-ordination) Regulations. †
Stevedoring Industry Commission.
Regulation 58 of the National Security (Shipping Co-ordination) Regulations is amended by omitting sub-regulation (3.) and inserting in its stead the following sub-regulations:—
“(3.) The Chairman shall be such Conciliation Commissioner as the Governor-General specifies, and shall hold office on such terms and conditions as the Governor-General determines, and it shall be part of the duties of the employment of the Conciliation Commissioner so specified to act as Chairman.
“(3a) The Conciliation Commissioner holding office as Chairman immediately before the commencement of the last preceding sub-regulation shall continue in office as if specified in pursuance of that sub-regulation.”.
* Notified in the Commonwealth Gazette on October, 1947.
† Being the Regulations having that title as in force under the Defence (Transitional Provisions) Act 1946. The Regulations under the National Security Act 1939-1946 having the corresponding title comprise Statutory Rules 1944, No. 86, as amended by Statutory Rules 1944, Nos. 113 and 126; and 1945, Nos. 47, 69 and 204.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
6302.—Price 3d. 10/3.10.1947.
Overview
The Defence (Transitional Provisions) Act 1946 was enacted by the Commonwealth Parliament to address the transitional challenges that arose in the post-war period, particularly in the realm of national security and shipping coordination. The legislative instrument C1947L00144, made under this Act, amends the National Security (Shipping Co-ordination) Regulations to refine the roles and terms of service for the Chairman of the Stevedoring Industry Commission. This regulatory change aims to ensure a smooth transition in the administration of shipping-related activities, maintaining the integrity and efficiency of national security measures. The regulation was issued by the Governor-General, W. J. McKell, on the advice of the Federal Executive Council, reflecting the legislative intent to stabilise and streamline post-war administrative functions.
Scope and Application
This statutory regulation, made under the Defence (Transitional Provisions) Act 1946, pertains specifically to amendments in the National Security (Shipping Co-ordination) Regulations concerning the Stevedoring Industry Commission. The regulation applies to the Conciliation Commissioner appointed as the Chairman of the Commission, with the Governor-General having the authority to specify the terms and conditions of the Commissioner's appointment. The amendment ensures that the existing Conciliation Commissioner, who held the position of Chairman prior to the changes, continues in office without interruption. This regulation is a part of a series of measures designed to streamline transitional provisions within the shipping coordination framework, particularly in relation to the stevedoring industry. The geographic reach of these regulations is national, applying throughout the Commonwealth of Australia. While the regulation itself does not specify any exclusions, exemptions, or thresholds, it is clear that the transitional provisions are intended to maintain continuity and stability in the industry during a period of change.
Key Provisions
The key provision of this Statutory Rule is the amendment of the National Security (Shipping Coordination) Regulations, specifically in relation to Regulation 58 (1). This regulation concerns the appointment and duties of the Chairman of the Stevedoring Industry Commission. The amendment replaces the existing sub-regulation (3) with new sub-regulations (3) and (3a). Sub-regulation (3) specifies that the Chairman of the Commission must be a Conciliation Commissioner appointed by the Governor-General, who also determines the terms and conditions of the Chairman's appointment. Furthermore, it is part of the Commissioner's duties to act as Chairman. Sub-regulation (3a) ensures that any Conciliation Commissioner who was serving as Chairman prior to the amendment continues in that role as if they were appointed under the new sub-regulation (3).
These amendments impose certain obligations on the Governor-General, who must specify the Conciliation Commissioner to serve as the Chairman and determine the terms and conditions of their appointment. The Conciliation Commissioner, once appointed, must then act as the Chairman of the Stevedoring Industry Commission. Additionally, the existing Chairman who was in office before the amendment continues in their role, with their appointment now governed by the new sub-regulation (3). This ensures continuity in the leadership of the Commission while also formalising the appointment process under the new legislative framework.
There are no specific offences, penalties, or consequences outlined in these regulations for breaches of the provisions. However, any failure to comply with the terms and conditions set by the Governor-General or any non-performance of duties by the Chairman could potentially lead to legal action under broader legislative provisions or administrative law principles. These might include challenges to the validity of the Chairman's appointment or actions taken in their capacity as Chairman. The penalties for such actions would depend on the specific legal context and applicable laws.