National Security (Stevedoring Industry) Regulations (Amendment)

Overview

Statutory Rules 1942, No. 299, under the National Security Act 1939-1940, was enacted to amend the National Security (Stevedoring Industry) Regulations, specifically addressing the appointment and employment of officers and staff within the stevedoring industry during a period of heightened national security concerns. The regulation was made by the Governor-General, acting with the advice of the Federal Executive Council, with the aim of ensuring that the stevedoring industry could be adequately managed and regulated to support national security efforts. The regulation specifies that officers and employees appointed under these regulations are not subject to the Commonwealth Public Service Act 1922-1941 but outlines that any service rendered by those previously in the Commonwealth Public Service should be recognised and treated in accordance with the Officers’ Rights Declaration Act 1922-1940. This legislative instrument reflects the urgent need to streamline and enhance the operational capacity of critical industries during wartime.

Scope and Application

The regulation made under the National Security Act 1939-1940 specifically pertains to the stevedoring industry, extending its jurisdiction to include the appointment and employment of officers and employees within this industry. The regulation allows the Chairman of the Commission to appoint officers and employ persons on terms and conditions that are deemed appropriate after consultation with the relevant member of the Commission. Notably, those appointed or employed under these regulations are exempt from the Commonwealth Public Service Act 1922-1941, with a provision that any previous service in the Commonwealth Public Service is considered for the purpose of determining existing and accruing rights. This is further clarified by the Officers’ Rights Declaration Act 1922-1940, which applies to such appointments and employments as if they were part of the specified Act and section in its schedule. This regulation thus ensures that the stevedoring industry has the necessary personnel to operate effectively under wartime conditions while also safeguarding the rights of those involved.

Key Provisions

The main operative sections of this regulation pertain to the appointment and employment of officers and employees within the stevedoring industry under the National Security (Stevedoring Industry) Regulations. Specifically, section 9a(1) allows the Chairman of the Commission to appoint officers and employ persons on terms and conditions they deem appropriate, after consulting with a member of the Commission who is an officer of the Commonwealth. Section 9a(2) stipulates that these officers and employees will not be subject to the Commonwealth Public Service Act 1922-1941. Section 9a(3) ensures that if an officer or employee appointed or employed under these regulations was previously an officer in the Commonwealth Public Service, their service will be counted for determining existing and accruing rights, as if they were still serving in the Commonwealth Public Service, with the Officers’ Rights Declaration Act 1922-1940 applying as if this regulation were a section of an Act specified in the Schedule to that Act. The obligations imposed by this regulation on the parties or entities it governs primarily involve the Chairman of the Commission's authority to appoint officers and employ personnel under specific terms and conditions, as well as ensuring that any service rendered under this regulation is recognised in the same way as service in the Commonwealth Public Service. This includes recognising prior service for the purpose of determining existing and accruing rights, with the application of the Officers’ Rights Declaration Act 1922-1940 to these appointments and employments. Regarding penalties and consequences, the regulation itself does not explicitly outline offences, penalties, or civil/criminal consequences for breaches. However, any breach of regulations governing the stevedoring industry, such as failing to comply with the terms of employment or not adhering to the specified conditions, could potentially result in enforcement actions under the broader National Security Act 1939-1940 or other relevant legislation. The maximum penalties for such breaches would be determined by the specific provisions of the overarching act and any associated regulations or subsidiary legislation.