National Security (Staff of War-time Authorities) Regulations (Amendment)

Legislation au C1949L00035 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1949. No .

REGULATIONS UNDER THE DEFENCE (TRANSITIONAL PROVISIONS) ACT 1946-1948.*

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 1946-1948.

Dated this sixteenth

 day of June, 1949.

W. J. McKELL

Governor-General.

By His Excellency's Command,


 

for and on behalf of the Minister of State for Post-war Reconstruction.

Amendments of the National Security (Staff of War-time Authorities) Regulations.

Office hours.

1. Regulation 9 of the National Security (Staff of War-time Authorities) Regulations is amended

(a) by omitting from sub-regulation (1.) the words " or, if the authority so determines, an equivalent number of hours worked on Mondays to Fridays "; and

(b) by inserting, after sub-regulation (1.), the following sub-regulation :—

" (1A.) Notwithstanding the provisions of sub-regulation (1.) of this regulation, the hours of attendance of officers may, if the authority so determines, be so arranged as to confine those hours to five days per week, that is, Monday to Friday inclusive, subject to the following conditions :

(a) Any re-arrangement so effected shall not involve the payment of any holiday pay or other compensation in excess of that which otherwise would be payable ;

(b) Should it be necessary to require the attendance in rotation of officers on a Saturday during the hours which, but for this sub-regulation, they would normally have been required to work, they shall be allowed time off, in the following week if practicable, equivalent to the time of such attendance.".

* Notified in the Commonwealth Gazette on  ,1949.

†Being the Regulations having that title as in force under the Defence (Transitional Provisions) Act 1940-1948, as amended by Statutory Rules 1947, Nos. 6 and 128; and 1948, Nos. 21, 98 and 127.

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.

6212.--Price 3d.  8/28.4.1949.


Overtime.

2. Regulation 11 of the National Security Staff (Staff of War-time Authorities) Regulations is amended by omitting paragraph (b) of sub-regulation (7.).

3. After regulation 11 of the National Security (Staff of War-time Authorities) Regulations the following regulation is inserted :

Overtime of members of organizations or returned soldiers.

" 11A. (1.) Notwithstanding anything contained in the last preceding regulation, an officer who is a member of an organization or a returned soldier, working a six-day week, shall be eligible for the payment of overtime

(a) for duty performed before 8 a.m. and after 6 p.m. Monday to Friday and before 8 a.m. and after 1 p.m. on Saturday ; and

(b) for duty performed in excess of thirty-eight hours per week within the limits of 8 a.m. and 6 p.m. Monday to Friday and 8 a.m. and 1 p.m. on Saturday.

" (2.) An officer who is a member of an organization or a returned soldier, working a five-day week, shall be eligible for the payment of overtime for duty performed—

(a) before 8 a.m. and after 6 p.m. Monday to Friday ;

(b) in excess of thirty-eight hours per week within the limits of 8 a.m. and 6 p.m. Monday to Friday ; and

(c) on Saturday (other than duty performed by an officer when required to attend work for duty in pursuance of paragraph (b) of sub-regulation (1A.) of regulation 9 of these Regulations).".

4.(1.) After regulation 14 of the National Security (Staff of War-time Authorities) Regulations the following regulation is inserted:—

Leave for military, &c., service.

" 14A. (1.) An officer who is appointed to, enlisted in, or serves in, the Naval, Military or Air Forces of the Commonwealth may be granted leave of absence on such terms and conditions as the Minister determines.

" (2.) Leave of absence granted under this regulation shall be included as part of the officer's period of service.".

(2.) Sub-regulation (1.) of this regulation shall be deemed to have come into operation on the first day of November, 1948.

Rate of travelling allowance.

5. Regulation 16 of the National Security (Staff of War-time Authorities) Regulations is amended by omitting sub-regulation (3.) and inserting in its stead the following sub-regulation :

" (3.) For the purposes of this regulation, any reference in Table B in the appropriate Schedule to these Regulations to a salary of an officer shall be deemed to be a reference to the standard salary of that officer and any reference in the Fourteenth Schedule to these Regulations to the salary of an officer shall be deemed to be a reference to the salary of that officer as varied by marginal increases in pursuance of these Regulations.".


Third Schedule.

6.(1.) The Third Schedule to the National Security (Staff of War-time Authorities) Regulations is amended

(a) by inserting in the first column of the first Table, after the designation of the office of " Assistant (Female) , Typist, Machinist and Telephonist " and the particulars relating thereto, the words and figures: —

" Typists under the age of 21 years may be paid an allowance at the rate of £12 per annum if able to write shorthand at the rate of 100 words per minute, of £24 per annum if able to write shorthand at the rate of 120 words per minute.

Machinists under the age of 21 years may be paid an allowance of £24 per annum on passing such tests as the Minister approves." ;

(b) by omitting from the first Table the words " Typist Adult | 170 | 226 | 8 " and inserting in their stead the words and figures :—

“ Typist—

 

 

 

Adult —

 

 

 

Without shorthand ability....................

198

234

12

With shorthand ability to write

 

 

 

100 words per minute.....................

210

258

12

With shorthand ability to write

 

 

 

120 words per minute.....................

222

258

1 of 24

 

 

 

1 of 12";

(c) by omitting from the first Table the words " Machinist Adult " and the particulars relating thereto, and inserting in their stead the words and figures—

" Machinist—

198

258

12

Adult...........................

 

 

 

(i) Advancement beyond £234

 

 

 

per annum to be subject

 

 

 

to the passing of such

 

 

 

tests as the Minister

 

 

 

approves.

 

 

 

(ii) A minimum salary of £222

 

 

 

per annum shall be paid

 

 

 

subject to the passing of

 

 

 

tests referred to in paragraph (1) above, with advancement to £246 per

 

 

 

annum, twelve months thereafter." ;

 

 

 

(d) by omitting from Table C. the words and figures—

" Adult—

 

 

 

Without shorthand ability..................

190

226

12

With shorthand ability to write

 

 

 

100 words per minute....................

202

238

12

With shorthand ability to write

 

 

 

120 words per minute....................

214

250

12 " ;

and

(e) by omitting from Table C. the words and figures-

" Adult.............................

190

250

12

Advancement beyond £226 to

 

 

 

be subject to the passing of such

 

 

 

tests as the Minister approves ".

 

 

 

(2.) Sub-regulation (1.) of this regulation shall be deemed to have come into operation on the twenty-eighth day of August, 1947.

Fifth Schedule.

7.(1.) The Fifth Schedule to the National Security (Staff War-time Authorities) Regulations is amended by omitting from Table A. the words and figures—

" Secretary and Accountant................................

648

720

24 "

and inserting in their stead the words and figures-

" Secretary and Accountant.................................

696

768

24 "

 (2.) Sub-regulation (1.) of this regulation shall be deemed to have come into operation on the first day of May, 1948.

Seventh Schedule.

8.(1.) The Seventh Schedule to the National Security (Staff of War-time Authorities) Regulations is amended

 (a) by inserting in Table A. after the words and figures-

" Assistant to Inspector...................................

220

300

10 "

the words and figures

" Senior Clerk..........................

300

366

1 of 18

 

 

 

4 of 12 ”;

and

(b) by inserting in Table C. after the words and figures-

" Assistant to Inspector...................................

230

330

10 "

the words and figures-

" Senior Clerk.......................

312

396

2 of 24

 

 

 

2 of 18 ”;

(2.) Sub-regulation (1.) of this regulation shall be deemed to have come into operation on the first day of July, 1947.

Fourteenth schedule.

9.(1.) The Fourteenth Schedule to the National Security (Staff of War-time Authorities) Regulations is repealed and the following Schedule inserted in its stead :

" FOURTEENTH SCHEDULE.

Salary.

Allowance—Capital Cities.

Allowance other than Capital Cities.

First twenty-one days' residence.

After twenty-one days' residence.

First twenty-one days' residence.

After twenty-one days' residence.

Married officer.

Unmarried officer.

Married officer.

Unmarried officer.

 

Per day.

Per week.

Per week.

Per day.

Per week.

Per week.

 

s.

d.

s.

d.

s.

d.

s.

d.

s.

d.

s.

d.

£381 and under.

18

6

70

0

45

0

15

0

55

0

35

0

£382 to £854 ..

21

0

80

0

50

0

17

6

65

0

40

0

£855 to £1,218.

25

0

90

0

60

0

20

0

75

0

50

0

Over £1,218...

30

0

105

0

65

0

25

0

90

0

60

0

(Hourly rate in each case to be 1/24th of the daily rate or 1/168th of weekly rate.) ".

(2.) Sub-regulation (1.) of this regulation shall be deemed to have come into operation on the ninth day of August, 1948.

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

Overview

The Defence (Transitional Provisions) Act 1946-1948 was enacted to facilitate the transition of Defence operations from wartime to peacetime. This Act aimed to address the need for regulatory adjustments in the Defence sector to ensure smooth operations during this transitional period. Made under the authority of the Governor-General, acting with the advice of the Federal Executive Council, these Regulations under the Defence (Transitional Provisions) Act 1946-1948 were designed to make necessary amendments to existing Defence regulations, particularly those concerning the National Security (Staff of War-time Authorities) Regulations, to better accommodate the changing needs of the Defence workforce. The policy objective behind these amendments was to provide flexibility and fairness in terms of working hours, overtime, and allowances while ensuring that the rights and compensation of Defence personnel were adequately protected.

Scope and Application

The Regulations under the Defence (Transitional Provisions) Act 1946-1948 apply to the staff of wartime authorities and modify the National Security (Staff of War-time Authorities) Regulations. These regulations primarily affect the conditions of employment for officers, including alterations to office hours, overtime pay, leave entitlements, and allowances. The regulations are applicable across the Commonwealth of Australia and govern the conduct and transactions of officers employed under wartime authorities. Specific exclusions and exemptions are outlined within the regulations, detailing which employees are eligible for overtime pay, leave of absence, and allowances. Furthermore, the application of these regulations can be extended or restricted through subordinate instruments, which may provide additional clarification or modifications to the primary provisions. The regulations came into effect on various dates, as specified within the document, and certain provisions have retrospective effect, applying from earlier dates as noted.

Key Provisions

The Regulations under the Defence (Transitional Provisions) Act 1946-1948 primarily amend the National Security (Staff of War-time Authorities) Regulations, introducing changes to office hours (section 1), overtime (section 2), leave for military service (section 4), and rates of travelling allowance (section 5). These amendments modify the working conditions of officers in wartime authorities, ensuring they are better suited to the post-war transition period. The Act imposes several obligations on parties governed by it, including the arrangement of officer hours to be confined to five days per week, Monday to Friday, without incurring additional holiday pay or compensation (section 1A). It also mandates that officers working a six-day week are eligible for overtime pay for duties performed before 8 a.m. and after 6 p.m. Monday to Friday, and before 8 a.m. and after 1 p.m. on Saturday (section 11A). Furthermore, officers in the Naval, Military, or Air Forces of the Commonwealth can be granted leave of absence on terms and conditions determined by the Minister (section 14A). The Regulations do not explicitly state offences, penalties, or consequences for breaches. However, non-compliance with the stipulated conditions for overtime and leave, or failure to adhere to the newly defined office hours and salary structures, could potentially lead to disputes or legal actions, depending on the specific terms of the officers' employment agreements. It is important to note that the maximum penalties for breaches are not specified within the text of the Regulations.

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National Security Law
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Regulation
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Definitions & Interpretation
Compliance Obligations
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