National Security (Supplementary) Regulations (Amendment)

Legislation au C1941L00314 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1941. No. 314.

 

REGULATION UNDER THE NATIONAL SECURITY ACT 1939-1940.*

I, 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 eighteenth day of December, 1941.

GOWRIE

Governor-General.

By His Excellency’s Command,

H. V. EVATT

for and on behalf of the Minister of State for Defence Co-ordination.

 

Amendment of the National Security (Supplementary) Regulations. †

Regulation 19 of the National Security (Supplementary) Regulations is amended—

(a) by omitting sub-regulation (3.) and inserting in its stead the following sub-regulations:—

“(3.) Where, in order to maintain a reasonable degree of production at any premises, it is essential that existing equipment at those premises should be overhauled, repaired or reconditioned during the period from 25th December, 1941, to 3rd January, 1942 (both inclusive), the employer may, during the whole or any portion of that period, close the whole of the premises or such portion of the premises as is necessary in order to carry out such overhaul, repair or reconditioning.

“(3a.) Subject to sub-regulations (3.) and (2.) of this regulation, and notwithstanding the provisions of any order made under these Regulations prior to the commencement of this sub-regulation, such employer shall not close his premises, or any portion thereof, during any portion of the period from the 25th December, 1943, to 3rd January, 1942 (both inclusive), except where, in order to maintain a reasonable degree of production at those premises, it is essential that

 

* Notified in the Commonwealth Gazette on 18th December, 1941.

† 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 and 303.

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the existing equipment at those premises should be overhauled, repaired, or reconditioned during that period (proof of the existence of the facts constituting which exception shall be upon the employer).

“(3b.) Any employer shall not take or purport to take the action specified in sub-regulation (3.) of this regulation unless he has first notified the Secretary by registered letter addressed to any office of the Department of Labour and National Service or the office of the Industrial Registrar, Hobart, of his intention so to do, including particulars of the equipment requiring repair, overhaul or reconditioning, the reasons for such requirement and the number of employees usually employed at the premises and employed in connexion with such equipment.

“(3c.) The Minister, the Premier of a State, the Administrator of a Territory of the Commonwealth or the Secretary may authorize any person or class of persons to enter, if necessary by force and with such assistance as is necessary, any premises for the purpose of inspecting the premises and anything therein in connexion with the operation of this regulation.

“(3d.) Any report made by any person authorized in pursuance of the last preceding sub-regulation with respect to any premises or anything in any premises inspected by him or in relation to the closing during the period from the 25th December, 1941, to the 3rd January, 1942 (both inclusive), of any such premises, shall in any proceedings in respect of a contravention or non-compliance with this regulation be prima facie evidence of the contents thereof.

“(3e.) For the purposes of the last five preceding sub-regulations of this regulation, and without lessening the generality of the provisions thereof, an employer shall be deemed to have closed his premises or any portion of his premises during any period if work or business is not carried on at those premises or that portion during that period to the extent to which it is normally carried on, or if he causes or permits any of his employees at those premises to absent themselves from work or duty during that period except on the ground of illness or other pressing emergency.

“(3f.) The onus of proof under sub-regulation (3a.) of this regulation shall not be discharged by an employer by reason only of proof that the equipment at the premises was not capable of maintaining its maximum degree of production or the degree of production normally maintained by it.”; and

(b) by inserting after sub-regulation (5.) the following sub-regulation:—

“(5a.) Notwithstanding anything contained in the last two preceding sub-regulations, where any person is entitled under sub-regulation (4.) of this regulation to be paid a sum in lieu of annual leave or leave of absence, he may, on a day at which he is at work and before the date on which payment of the sum is to be made, elect, by informing his employer that he desires to do so, to retain his existing or accruing rights to the annual leave or leave of absence he is entitled to under any law, award, order, determination or industrial agreement in lieu of the annual leave or leave of absence which, by reason of this regulation, is not granted to him.”.

 

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

Overview

Statutory Rules 1941 No. 314, made under the National Security Act 1939-1940, was introduced by the Governor-General in Council to address the urgent need for maintaining production levels during the period of 25th December 1941 to 3rd January 1942, a time of heightened national security concerns. The regulation specifically amended Regulation 19 of the National Security (Supplementary) Regulations to allow employers to close their premises for essential equipment overhaul, repair, or reconditioning if necessary to maintain production. Employers were required to notify the Secretary of their intentions, and inspectors were granted authority to enter premises to ensure compliance with the regulation. The regulation underscored the government’s policy objective of sustaining critical production capabilities while balancing the rights of employees to their leave entitlements.

Scope and Application

This Statutory Rule made under the National Security Act 1939-1940 applies to employers operating any premises within the Commonwealth of Australia. The regulation pertains specifically to the maintenance of essential production during a designated period by allowing employers to close premises or portions thereof to overhaul, repair, or recondition existing equipment. The employer must notify relevant authorities of their intentions and the reasons for such actions. The regulation also grants certain authorities the power to inspect premises and mandates that reports made during these inspections are considered prima facie evidence in any proceedings related to the regulation. The onus of proof regarding the necessity of closing premises for equipment maintenance rests with the employer, and they must demonstrate that the equipment was not capable of maintaining production at a reasonable degree. Additionally, the regulation provides for employees to retain their leave entitlements in lieu of payments under specific circumstances, ensuring a balance between operational needs and employee rights during this critical period.

Key Provisions

The key provisions of this Statutory Rule pertain to the temporary closure of industrial premises for equipment maintenance purposes. Regulation 19 of the National Security (Supplementary) Regulations is amended to allow employers to close their premises or parts of their premises from 25th December, 1941, to 3rd January, 1942, if it is essential to maintain production levels by repairing, overhauling, or reconditioning existing equipment during this period (Regulation 19(3)). However, this closure is subject to specific conditions and notification requirements, including the obligation for the employer to notify the Secretary of their intention to close the premises, along with details of the equipment requiring repair or overhaul, the reasons for such requirements, and the number of employees usually employed at the premises (Regulation 19(3b)). The employer must also ensure that the premises do not remain closed for reasons other than those specified, such as employees being absent for non-essential reasons (Regulation 19(3e)). The amended regulation imposes several obligations on employers, most notably the requirement to notify the Secretary before closing any part of their premises for the specified maintenance period (Regulation 19(3b)). Employers must provide detailed information about the equipment requiring repair or reconditioning, the reasons for such requirements, and the number of employees typically employed at the premises. Additionally, employers must ensure that the premises do not remain closed for reasons other than those specified, such as employees being absent for non-essential reasons (Regulation 19(3e)). The regulation also mandates that any person or class of persons authorized by the Minister, the Premier of a State, the Administrator of a Territory of the Commonwealth, or the Secretary may enter any premises for inspection purposes, even if force is necessary (Regulation 19(3c)). Failure to comply with the provisions of this regulation could result in legal consequences, although specific offences, penalties, or civil/criminal consequences are not explicitly detailed in the Statutory Rule. However, given the context of national security and the potential impact on production levels, it is reasonable to infer that non-compliance could lead to significant penalties. Any report made by an authorized person regarding the inspection of premises or the closure of any part of the premises during the specified period is considered prima facie evidence in any proceedings related to a contravention or non-compliance with this regulation (Regulation 19(3d)).

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