STATUTORY RULES.
1942. No. 16.
REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939–1940.*
I, THE DEPUTY OF 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 National Security Act 1939–1940.
Dated this twenty-third day of January, 1942.
WINSTON DUGAN
Deputy of the Governor-General.
By His Excellency’s Command,
F. M. FORDE
for and on behalf of the Minister of State for Defence Co-ordination.
Amendment of the National Security (Supplementary) Regulations.†
The National Security (Supplementary) Regulations are amended by adding at the end thereof the following regulation
January 26th holiday.
“29.—(1.) The employer, manager, or occupier of any establishment, factory, mine, dockyard, or workshop, which is engaged wholly or partly in production for war or defence purposes, or in the repair or overhaul of munitions of war, shall, on the 26th January, 1942, carry on such production, repair and overhaul in the same manner and to the same extent as would be the case if that day were an ordinary working day.
(2.) Payment for work on such day shall be at the rate prescribed by the relevant industrial award or agreement.
(3.) For the purposes of this regulation ‘munitions of war’ includes the whole or any part of any ship, submarine, aircraft, engines, arms, ammunition, bombs, torpedoes, mine or other article, material or device (whether actual or proposed) intended or adapted for use in war.”.
*Notified in the Commonwealth Gazette on 23rd January, 1942.
† Statutory Rules 1940, No. 126, as amended by Statutory Rules 1940, Nos. 151, 169, 213, 228, 233, 245 and 257; and 1941, Nos. 75, 88, 100, 140, 197, 200, 222, 249, 296, 297, 303, 314, 318, 320 and 323.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
636.—Price 3d.
Overview
Statutory Rules 1942, No. 16, made under the National Security Act 1939–1940, was enacted in 1942 to address the pressing need for continued production and maintenance of war materials during a period of national emergency. The regulation was issued by the Deputy of the Governor-General, Winston Dugan, acting with the advice of the Federal Executive Council, to ensure that vital war production and repair activities would not be interrupted on Australia Day, 26 January 1942. The regulation mandates that employers, managers, and occupiers of establishments engaged in war-related production or the repair of munitions must maintain their operations on this day at the same level as on any other working day, with compensation provided at rates specified in relevant industrial awards or agreements. This legislative instrument underscores the policy objective of prioritising national security and defence needs during a time of heightened conflict.
Scope and Application
The Statutory Rules 1942 No. 16, made under the National Security Act 1939–1940, mandate that employers, managers, or occupiers of any establishment, factory, mine, dockyard, or workshop involved in war or defence production, or the repair or overhaul of munitions of war, must continue operations on 26 January 1942 in the same manner and to the same extent as on any ordinary working day. This requirement applies to any entity engaged in activities deemed critical for the war effort, ensuring that essential production and repair work proceeds uninterrupted on this particular day. Payment for work performed on this day must be made at the rate stipulated by the relevant industrial award or agreement, ensuring that workers are compensated fairly. The term 'munitions of war' is broadly defined to include any component or device intended for use in war, thereby encompassing a wide array of materials and equipment.
These regulations extend nationally, applying across all states and territories within Australia, and are enforced to support the national security efforts during a critical period in World War II. The regulation is a direct amendment to the National Security (Supplementary) Regulations, highlighting its specific intent to address wartime exigencies. There are no stated exclusions or exemptions within the text of this specific regulation, and it operates in conjunction with other subordinate instruments that may further elaborate on the implementation and enforcement of these provisions.
Key Provisions
The key operative sections of these Regulations under the National Security Act 1939–1940 are found in Regulation 29. This regulation specifically mandates that employers, managers, or occupiers of establishments, factories, mines, dockyards, or workshops engaged in war or defence production, or in the repair or overhaul of munitions of war, must continue operations on 26 January 1942 as they would on any ordinary working day (section 29(1)). Additionally, employees must be paid at the rate prescribed by the relevant industrial award or agreement for work done on this day (section 29(2)). The definition of "munitions of war" is also provided, encompassing a broad range of items intended or adapted for use in war (section 29(3)).
These Regulations impose clear obligations on employers, managers, or occupiers of certain war-related production and repair facilities. They must ensure that their operations continue uninterrupted on 26 January 1942, without any reduction in activity or extent of work. Furthermore, they must comply with the payment stipulations outlined in the relevant industrial awards or agreements, ensuring that employees are remunerated appropriately for their work on this day.
Failure to comply with these Regulations may result in legal consequences. Although the specific penalties are not detailed within the Regulations themselves, breaches of the National Security Act 1939–1940 can lead to significant civil or criminal penalties. These could include fines or imprisonment, reflecting the serious nature of the obligations placed upon the parties governed by this legislation. The exact penalties would be determined in the context of the broader Act and any relevant case law.