STATUTORY RULES.
1948. No. .
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REGULATIONS UNDER THE DEFENCE (TRANSITIONAL PROVISIONS) ACT 1946-1947.*
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 Defence (Transitional Provisions) Act 1946-1947.
Dated this twenty-ninth day of September, 1948.
W. J. McKell
Governor-General.
By His Excellency’s Command,
Minister of State for Commerce and Agriculture for and on behalf of the Minister for Post-war Reconstruction.
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Amendments of the National Security (Staff of War-time Authorities) Regulations.†
Recreation leave.
1. Regulation 14 of the National Security (Staff of War-time Authorities) Regulations is amended by inserting, after sub-regulation (2.), the following sub-regulation :—
“ (2a.) Notwithstanding anything contained in sub-regulations (1.) and (2.) of this regulation, an officer who is a member of an organization or a returned soldier shall, on his resignation or the termination of his services for any reason other than misconduct, be eligible for payment in lieu of recreation leave in respect of one and one-half days’ leave for each completed month of continuous service in any portion of a year.”.
Fourth Schedule.
2. The Fourth Schedule to the National Security (Staff of Wartime Authorities) Regulations is amended by omitting from Table C the words and figures—
“ Marketing Officers......................... | 330 | 504 | 20 ” |
and inserting in their stead the words and figures— |
“ Marketing Officers......................... | 330 | 454 | 20 ”. |
* Notified in the Commonwealth Gazette on 1948.
† Being the Regulations having that title as in force under the Defence (Transitional Provisions) Act 1946-1947, as amended by Statutory Rules 1947, Nos. 6 and 128; and 1948, Nos. 21 and 98. The Regulations under the National Security Act 1939-1946 having the corresponding title comprise Statutory Rules 1941, No. 273, as amended by Statutory Rules 1942. Nos. 108 and 179; 1943, Nos. 59, 88, 105, 189, 253 and 285; 1944, Nos. 8 and 169; 1945, Nos. 8, 21, 119 and 166; and 1946, Nos. 102 and 143.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
5037.—Price 3d. 8/3.9.48.
Overview
The Statutory Rules 1948, No. 127, were introduced under the Defence (Transitional Provisions) Act 1946-1947. This Act was enacted to provide for the winding up of wartime defence authorities and the transition to peacetime operations, thereby addressing the problem of managing the demobilisation of defence forces and the winding down of wartime agencies. The Governor-General in Council made these regulations to amend the National Security (Staff of War-time Authorities) Regulations, ensuring a smooth transition by addressing issues such as the payment of recreation leave to officers upon resignation or termination of service, as well as updating staffing figures within the Marketing Officers' category. The policy objective is to facilitate the orderly transition from wartime to peacetime conditions, ensuring that personnel are appropriately compensated and that staffing arrangements are accurately reflected.
Scope and Application
The Statutory Rules of 1948 No. 1, made under the Defence (Transitional Provisions) Act 1946-1947, pertain to amendments of the National Security (Staff of War-time Authorities) Regulations. These regulations primarily apply to officers who are members of an organisation or returned soldiers within the framework of wartime authorities. The amendments aim to address the eligibility of such officers for payment in lieu of recreation leave upon resignation or termination of service, provided the departure is not due to misconduct. The Regulations also modify the Fourth Schedule, specifically updating the figures related to Marketing Officers. These legislative amendments reflect the transitional adjustments needed as the nation moved away from wartime structures towards peacetime operations. The regulations have a Commonwealth reach, applying nationally across Australia as they are made under a Commonwealth Act. No specific exclusions or thresholds are mentioned in the text, and the application of these regulations is not extended or restricted through subordinate instruments.
Key Provisions
The main operative sections of this legislation involve amendments to the National Security (Staff of War-time Authorities) Regulations. Specifically, Regulation 14 is amended to include a new sub-regulation (2a) that allows for the payment of recreation leave in lieu of actual leave for officers who resign or whose services terminate for reasons other than misconduct (Regulation 1(1)). Additionally, there is an amendment to the Fourth Schedule, which modifies the figures for Marketing Officers from "33050420" to "33045420" (Regulation 2). These changes are intended to update and refine the transitional provisions related to defence and national security staff during and after wartime.
The obligations and requirements imposed by these regulations are primarily directed towards the Defence Department and the staff governed by the National Security (Staff of War-time Authorities) Regulations. The regulations mandate that officers who are members of an organisation or returned soldiers should be eligible for payment in lieu of recreation leave under certain circumstances. This includes the provision of one and one-half days' leave for each completed month of continuous service when their employment terminates for reasons other than misconduct. Furthermore, the Fourth Schedule adjustment reflects a revision in the staffing numbers for Marketing Officers, which must be adhered to within the Defence framework.
In terms of offences, penalties, or consequences for breaches of these regulations, the legislative instrument does not explicitly outline specific sanctions within its text. However, breaches of regulations under the Defence (Transitional Provisions) Act 1946-1947 could potentially lead to disciplinary actions, financial penalties, or other consequences as prescribed by the overarching legislation or subsequent amendments. The precise penalties would depend on the specific nature of the breach and the applicable provisions of the Defence Act or related statutes.