National Security (Supplementary) Regulations (Amendment)

Overview

Statutory Rules 1945 No. 147, made under the National Security Act 1939-1943, was enacted to address the aftermath of the Pacific War, specifically targeting the cessation of certain activities and the recognition of victory. Issued on 13 September 1945 by the Deputy of the Governor-General, W. Dugan, on behalf of the Minister of State for Defence, J. B. Chifley, the regulation amends the National Security (Supplementary) Regulations to allow for public holidays in celebration of the victory in the Pacific War. The regulation seeks to ensure that employees absent from work during the period between 10 August 1945 and V-P Day receive appropriate recognition of their absence, thereby providing a formal acknowledgment of the victory and its impact on the workforce.

Scope and Application

The National Security (Supplementary) Regulations, as amended by Statutory Rules 1945, No. 147, apply to the regulation of holidays in recognition of the victory in the Pacific War. These regulations are aimed at managing workforce availability during a period of national celebration and observance, ensuring that essential services and operations are not unduly disrupted. The amendment primarily affects employees within specified classes and those who, due to the absence of these employees, were also absent from work during the period between 10 August 1945 and V-P Day. The regulations pertain to the Commonwealth level and aim to balance the need for public celebration with the maintenance of operational continuity. These regulations do not specify exclusions or exemptions explicitly but focus on adjusting the reference to the last working day before V-P Day for certain employees. The application of these regulations may be further refined through subordinate instruments, which can provide additional detail or context to the implementation of these provisions.

Key Provisions

The main provisions of this Statutory Rule pertain to amendments of the National Security (Supplementary) Regulations, specifically targeting regulations around holidays to celebrate the victory in the Pacific War (reg. 118ab). Regulation 118ab has been amended to alter the conditions under which employees may be required to work on holidays. Firstly, the word "or" has been replaced with "and," indicating that both conditions must be met for employees to be required to work (reg. 118ab(a)). Secondly, the phrase "the prescribed days" has been replaced with "a prescribed day or on the prescribed days," providing flexibility in specifying which holidays require work (reg. 118ab(b)). Finally, a new sub-regulation, 118a, has been added to address situations where employees of a particular class are absent from work, affecting the work schedule of other employees (reg. 118ab(c)). The obligations imposed by these regulations primarily concern employers and employees within undertakings that are subject to national security directives. Employers must ensure that their workforce adheres to the amended regulations regarding holiday work, particularly in light of the new sub-regulation that addresses absences of specific employee classes. Employees, on the other hand, must comply with any requirements to work on prescribed days, even if they fall on holidays, unless exempted under the new provisions. There are no explicit offences, penalties, or consequences stated in this Statutory Rule for breaches of the amended regulations. However, given the context of national security and the potential impact on war-related activities, non-compliance could potentially lead to disciplinary actions or other repercussions under the broader framework of the National Security Act 1939-1943. The penalties for breaches of the National Security Act are not detailed in this specific Statutory Rule but can be severe, reflecting the gravity of national security matters.