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

Legislation au C1945L00166 Regulations Not in force Legislative Instrument

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STATUTORY RULES

1945. No. 166.

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REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1943.*

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 1939-1943.

Dated this thirty-first day of October, 1945.

HENRY

Governor-General.

By His Royal Highness’s Command,

W. J. SCULLY

for and on behalf of the Minister of

State for Defence.

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

Office hours.

1.—(1.) Regulation 9 of the National Security (Staff of War-time Authorities) Regulations is amended by omitting from sub-regulation (1.) the words “Five thirty-three” and inserting in their stead the words “Four forty-five”.

(2.) The amendment effected by the last preceding sub-regulation shall come into operation on the thirteenth day of September, 1945.

Overtime.

2. Regulation 11 of the National Security (Staff of War-time Authorities) Regulations is amended—

(a) by omitting from sub-regulation (3.) the formula—

* Notified in the Commonwealth Gazette on 1st November, 1945.

† Statutory Rules 1941, No. 273, as amended by Statutory Rules 1942, Nos. 108 and 279; 1943, Nos. 59, 88, 105, 189, 253 and 285; 1944, Nos. 8 and 188; and 1945, Nos. 8, 21 and 119.

5406.—Price 3d.

(b) by omitting from paragraph (a) of sub-regulation (5.) the word “forty-one” and inserting in its stead the word “forty”.

Amendment of fourth Schedule.

3.—(1.) The Fourth Schedule to the National Security (Staff of War-time Authorities) Regulations is amended by omitting from Table A, under the sub-heading “Accountant”, the item—

“Western Australia .........................

350

450

25”

and inserting in its stead the item—

 

 

 

“Western Australia .........................

400

550

25”.

(2.) Sub-regulation (1.) of this regulation shall be deemed to have come into operation on the first day of June, 1945.

Payment for certain hours of duty.

4.—(1.) Notwithstanding anything contained in regulation 6 or regulation 9 of the National Security (Staff of War-time Authorities) Regulations, the hourly rate of pay of officers normally engaged on office duties shall be based on a week of thirty-six and three-quarter hours and the salaries specified in regulation 6 of these Regulations shall be paid in respect of seventy-three and one-half hours of duty per fortnight and payment shall be made for duty performed in excess of those hours up to and including eighty-one hours per fortnight at the normal hourly rate;

Provided that the maximum amount payable to an officer under this provision during a fortnightly pay period shall not exceed the difference between the amount payable to that officer for a full period of ordinary duty during that fortnightly pay period and an amount calculated according to the following formula in which “S” represents the current equivalent of a salary of Seven hundred and twenty pounds per annum (as varied by variations on account of the cost of living) in the case of an officer receiving male rates of pay and of Six hundred and fifty-eight pounds per annum (as varied by variations on account of the cost of living) in the case of an officer receiving female rates of pay:—

(2.) Where payment is made under the last preceding sub-regulation in respect of hours of duty worked in excess of seventy-three and one-half hours in any fortnightly pay period, the hours so—worked shall not be taken into account in calculating the hourly rate of payment in respect of overtime worked during that pay period.

(3.) This regulation shall be deemed to have come into operation on the tenth day of May, 1945, and shall cease to have effect on and from the thirteenth day of September, 1945.

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

Overview

Statutory Rules 1945, No. 166, issued under the National Security Act 1939-1943, were enacted to address the need for specific regulations governing the staff of wartime authorities. This legislative instrument was made by the Governor-General in Council, with the intention of making amendments to existing regulations concerning office hours, overtime, and pay rates for officers engaged in office duties. The amendments aimed to ensure that staff working for wartime authorities were compensated fairly for their hours, including adjustments to their weekly working hours and the calculation of overtime pay, reflecting changes in the cost of living. These regulations underscore the policy objective of maintaining effective workforce management and ensuring adequate remuneration for staff during the wartime period.

Scope and Application

The Statutory Rules 1945 No. 166 made under the National Security Act 1939-1943 amend the National Security (Staff of War-time Authorities) Regulations. These regulations apply to the staff of war-time authorities within the Commonwealth, thereby affecting personnel working in government departments and agencies involved in national security efforts during the war period. The changes made include adjustments to office hours, overtime provisions, and the payment structure for certain hours of duty. The amendments aim to address the evolving needs of the wartime administration by modifying specific regulatory details related to the compensation and working conditions of staff employed in these authorities. The regulations reflect the dynamic nature of the wartime environment and the adjustments required to maintain operational efficiency and fairness in the compensation of staff.

Key Provisions

The primary operative sections of these Regulations amend the National Security (Staff of War-time Authorities) Regulations to adjust various administrative details concerning office hours, overtime, and pay rates for officers. Regulation 1 changes the office hours, reducing the closing time from 5:33 PM to 4:45 PM (section 1(1)). Regulation 2 modifies the overtime pay calculation by reducing the overtime multiplier from 1.41 to 1.40 (section 2(a)) and adjusts the maximum overtime hours from 41 to 40 (section 2(b)). Regulation 3 updates the salary scales in the Fourth Schedule, specifically increasing the salary range for Accountants in Western Australia from 350-450-25 to 400-550-25 (section 3(1)). Regulation 4 modifies the payment for certain hours of duty, specifying that the hourly rate of pay is based on a week of 36.75 hours and that salaries are paid for 73.5 hours per fortnight with additional payment for hours up to 81 per fortnight (section 4(1)). It also provides that the maximum amount payable during a fortnightly pay period for extra duty hours should not exceed a specified difference (section 4(2)). These Regulations impose several obligations on the parties governed by them. Firstly, they mandate that office hours for war-time authorities be reduced to close at 4:45 PM instead of 5:33 PM (section 1). Secondly, they alter the overtime pay rates by decreasing the overtime multiplier and maximum overtime hours (section 2). Thirdly, they adjust the salary scales for certain positions, specifically increasing the rates for Accountants in Western Australia (section 3). Lastly, they redefine the payment structure for certain hours of duty, specifying the basis for hourly rates and conditions for overtime pay (section 4). There are no explicit offences, penalties, or consequences for breach stated within these Regulations. However, failure to comply with these administrative changes could result in non-compliance with the National Security Act 1939-1943, potentially leading to disciplinary action or other legal consequences. The specific penalties for such breaches would be determined according to the broader provisions of the Act and any relevant administrative or employment laws in force at the time.

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