STATUTORY RULES.
1945. No. 121.
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REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1943.*
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 Regulations under the National Security Act 1939-1943.
Dated this thirteenth day of August, 1945.
F. R. JORDAN
Deputy of the Governor-General.
By His Excellency’s Command,
J. B. CHIFLEY
for and on behalf of the Minister
of State for Defence.
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Amendments of the National Security (Supplementary) Regulations. †
1. After regulation 118a of the National Security (Supplementary) Regulations, the following regulation is inserted:—
Holiday to celebrate the victory in the Pacific war.
“118ab.—(1.) For the purpose of celebrating the victory of the Allied Nations in the war with the Japanese Emperor, each of the prescribed days—
(a) is hereby declared to be a public holiday, and a bank holiday in the Commonwealth;
(b) shall be observed as a holiday in every court of the Commonwealth or of a State or Territory of the Commonwealth; and
(c) shall be deemed to be a holiday observed under the Commonwealth Public Service Act 1922-1943, as amended by the Commonwealth Public Service Act 1945.
“(2.) Where any person is required, in pursuance of any process or notification issued by any court or other tribunal, or by any authority, to attend before a court, tribunal or authority on a prescribed
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* Notified in the Commonwealth Gazette on 13th August, 1945.
† Statutory Rules 1940, No. 126, as amended to date. For previous National Security (Supplementary) Regulations, see footnote † to Statutory Rules 1944, No. 157, and see also Statutory Rules 1944, Nos. 162 and 188; and 1945, Nos. 18, 37, 47, 51, 53, 66, 67, 70, 80, 102, 106 and 109.
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day, he shall not be required to attend on that day but he shall, on the next business day of the court, tribunal or authority following the prescribed days—
(a) attend, at the office of the court, tribunal or authority before the Registrar or other proper officer of the court or tribunal or before the authority; and
(b) receive from the Registrar, other officer or authority, a notification of the day and time at which he shall attend before the court, tribunal or authority, and the day and time so notified to him shall be deemed to be the day and time specified in the process or notification as the day and time for his attendance before the court, tribunal or authority.
“(3.) Subject to this regulation, where, by or under any law, deed, contract or agreement, any act or thing is required to be done on a prescribed day, that act or thing may be done on the business day next following the prescribed days.
“(4.) Nothing in this regulation shall prevent a court from sitting on a prescribed day, if it considers it necessary so to do, and, if a court sits on a prescribed day, every person performing services in connexion with any proceedings before the court on that day shall be deemed to have been directed to work under this regulation.
“(5.) Where the offices of any court specified in sub-regulation (1.) of this regulation are open on V-P Day before the hour at which the official announcement is made, no act done or proceeding taken in any of these offices while they are so open shall be invalidated by reason only of this regulation.
“(6.) Subject to this regulation, every employee shall be entitled to a holiday, with pay, and every employer who is actively engaged in the conduct or control of any business shall be entitled to a holiday on each of the prescribed days.
“(7.) Notwithstanding the provisions of any other law, except in the case of—
(a) illness or incapacity; or
(b) domestic or other pressing emergency,
an employee or employer, who is directed by a Minister or a State Minister to work during a prescribed day, shall not, without reasonable cause (proof whereof shall lie upon him), fail to perform his duties or absent himself from his place of employment or business or from the place where his duties are usually performed, at any time, on that day, during the period during which he is required by the terms and conditions of his employment to be, on an ordinary working day or business day, at that place of employment or business, or, where there are no such requirements, during which it is customary or usual for an employee or employer engaged in similar classes of employment or business, to be, on an ordinary working day or business day, at the place of employment or business.
“(8.) Any person or any person included in a class of persons who or which was directed or was deemed to have been directed to work in pursuance of regulation 118a of these Regulations shall, unless a Minister or a State Minister otherwise directs, be deemed to have been directed to work under this regulation.
“(9.) Any employee of an employer to whom a direction under this regulation is given or is deemed to have been given, who is required by that employer to work during a prescribed day, shall be deemed to have been directed under this regulation so to work.
“(10.) The employer of an employee entitled to a holiday under this regulation shall for that holiday, where the employee is not directed or deemed to have been directed under this regulation or is not required by his employer to work on that day, pay to the employee in respect of the pay period which includes that holiday—
(a) where the employee does not work under a shift system or under a piece-work or other system of payment by results —the amount ordinarily payable to him for one full day's work during ordinary hours of duty on an ordinary working day;
(b) where the employee works under a shift system but does not work under a piece-work or other system of payment by results—the amount ordinarily payable to him for working one full shift on an ordinary working day; or
(c) where the employee works under a piece-work or other system of payment by results—the amount ordinarily payable by his employer for one full day's work, or for one full shift, on an ordinary working day to an employee engaged in similar work and paid on a time basis, or, where the employer has no such employees, an amount equal to the average daily earnings of the employee during the four weeks immediately preceding V-P Day.
“(11.) Where an employee is directed or deemed to have been directed under this regulation, or is required by his employer, to work on either of the prescribed days, compensation for work in pursuance of that direction or requirement shall be as prescribed by the appropriate law, and for the purposes of this sub-regulation each of the prescribed days shall be deemed to be a holiday within the meaning of that law.
“(12.) Where prior to the making of the official announcement any employee has commenced work on V-P Day, this regulation shall, in respect of that day, apply in relation to that employee as if that day included only that portion of the day remaining after the hour at which that announcement is made.
“(13.) Where an employee is entitled to be remunerated for the work performed by him in respect of an engagement for employment which is not on a time basis, he shall be entitled to be remunerated in respect of any holiday under this regulation as if he were employed on a time basis and the holiday was included in a pay period in respect of which he was entitled to pay.
“(14.) An employee who is entitled to any payment under this regulation may sue for, and recover, in any court of competent jurisdiction, any payment to which he is entitled.
“(15.) If any dispute arises between an employer and an employee with respect to the operation of any provision of this regulation, an Industrial Authority having jurisdiction to determine disputes or claims in respect of rates of pay or conditions of employment in relation to the work on which the employee is employed may, on application by the employer or any organization of employers or employees to which the
employer or employee belongs, hear the dispute and advise the parties as to the terms on which the dispute should be settled and, failing acceptance of these terms, shall hear and determine the dispute and, if necessary, determine the amount or rate of pay to be paid to the employee under this regulation, and the parties to the dispute shall comply with the determination.
“(16.) Any person who, except on the ground of illness or incapacity or domestic or other pressing emergency—
(a) was absent from work without leave or authority on V-P Day or on the last working day before V-P Day or on the working day next succeeding the prescribed days, shall not, unless he worked on the prescribed days in accordance with a direction under this regulation or a requirement of his employer and fully complied with the direction or requirement, be entitled to the benefit of this regulation; or
(b) failed to work on either of the prescribed days in accordance with any direction under this regulation, or any requirement of his employer, applicable to the employee, shall not be entitled to the benefit of this regulation.
“(17.) For the purposes of this regulation—
‘employee’ means a person—
(a) who is employed by any person in any industry;
(b) who, whether so employed or not—
(i) is employed at or in 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;
(ii) is engaged in connexion with the construction of works for defence purposes or of works declared by the Minister to be essential for the defence of the Commonwealth; or
(iii) is employed in connexion with—
(1) any transport service; or
(2) the production or distribution of coal, electricity or gas,
necessary for the carrying on of any production, repair, overhaul, construction or work specified in the preceding paragraphs of this definition or for any other purpose associated with the prosecution of the war;
(c) who is employed by any person in or in connexion with any business, trade, occupation or profession;
(d) who is employed by the Commonwealth or by any authority of the Commonwealth;
(e) who is employed by a State or by any authority of a State and who is engaged on work associated with the prosecution of the war; or
(f) who is otherwise employed by a State or by any authority of a State;
‘Industrial Authority’ has the same meaning as in regulation 4 of the National Security (Holidays and Annual Leave) Regulations;
‘law’ means law of the Commonwealth or of a State or Territory of the Commonwealth and includes an industrial award, order, determination or agreement;
‘noon’ means noon reckoned according to standard time in the Australian Capital Territory;
‘State Minister’ means a Minister of State for any State;
‘the official announcement’ means the announcement by the Prime Minister that the Japanese Government has accepted the terms of surrender imposed by the Allied Nations;
‘V-P Day’ means the first of the prescribed days.
“(18.) For the purposes of this regulation—
(a) the following days shall be prescribed days:—
(i) if the official announcement is made at or before noon on any day (other than a Saturday or Sunday)—that day and the next following day;
(ii) if that announcement is made after noon on any day (other than a Friday, Saturday or Sunday) —the next two following days;
(iii) if that announcement is made on a Saturday or a Sunday—the next following Monday and Tuesday; and
(iv) if that announcement is made on a Friday afternoon—the next following Saturday and Monday;
(b) the official announcement shall be deemed to have been made at the hour when it is first broadcast from any national broadcasting station; and
(c) a notice published in the Gazette stating the hour at which the official announcement is first broadcast from any national broadcasting station shall be evidence of the facts stated in the notice.
“(19.) The provisions of this regulation shall not have any force or effect in the State of Queensland except to such extent as a Minister by order (made whether before, during or after the prescribed days) directs”.
Directions.
2. Regulation 118b of the National Security (Supplementary) Regulations is amended by omitting from sub-regulation (1.) the words “preceding regulation” and inserting in their stead the words “two preceding regulations”.
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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
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