National Security (Supplementary) Regulations (Amendment)

Overview

Statutory Rules 1943 No. 144, made under the National Security Act 1939-1940, aims to address disruptions in protected undertakings that could compromise national security during times of conflict. Enacted by the Deputy of the Governor-General in accordance with the Federal Executive Council's advice, these regulations are an extension of the National Security (Supplementary) Regulations. The policy objective of these regulations is to ensure that industrial disputes or work stoppages do not hinder essential operations in protected undertakings. Specifically, the regulations empower the Prime Minister to take decisive action, such as revoking exemptions from Defence Force service for employers, servants, or agents involved in unlawful industrial actions, or reclassifying employees who participate in such actions as no longer employed in a protected undertaking. This measure allows for the immediate conscription of affected individuals into the Citizen Forces or the assignment of alternative duties under the National Security (Man Power) Regulations.

Scope and Application

The Statutory Rules 1943 No. 144, which are Regulations made under the National Security Act 1939-1940, specifically address stoppages of work in protected undertakings during times of national emergency. These regulations apply to any employer, servant, agent, or employee involved in a lock-out, strike, or stoppage of work at a protected undertaking, as defined in the National Security (Man Power) Regulations. The geographic reach of these regulations is national, applying across the Commonwealth of Australia. If the Prime Minister is satisfied that the stoppage occurred due to failure to adhere to obligations under relevant laws or industrial awards, the Prime Minister may declare that any exemption from service in the Defence Force for the employer, servant, or agent shall cease, or in the case of an employee, they shall be deemed not to be employed in a protected undertaking. These individuals may then be called upon to enlist and serve in the Citizen Forces or directed to perform work in accordance with the National Security (Man Power) Regulations. The application of this Act may be further extended or specified through subordinate instruments, though the primary regulation itself outlines the primary scope and conditions under which it applies.

Key Provisions

The regulation under the National Security Act 1939-1940 primarily deals with stoppages of work in protected undertakings, as specified in section 103(1). It outlines the circumstances under which the Prime Minister can make a declaration regarding such stoppages. If a lock-out, strike, or stoppage of work occurs in a protected undertaking and the Prime Minister is satisfied that the stoppage was caused by certain failures or actions, the Prime Minister can declare that any exemptions from Defence Force service granted to the employer, servant, agent, or employee will cease. Alternatively, the employee may be deemed to have ceased employment in a protected undertaking. Under section 103(2), the regulation details the immediate consequences of such a declaration. If the declaration affects an employer, servant, or agent, they will cease to be exempt from Defence Force service and may be called upon to enlist in the Citizen Forces. If they are not liable to serve due to exemptions or other reasons, they may be directed by the Director-General of Man Power to perform work or services as specified in the National Security (Man Power) Regulations. For employees, the declaration results in them being deemed not employed in a protected undertaking, with similar potential outcomes regarding Defence Force service or directed work under the National Security (Man Power) Regulations. Section 103(3) clarifies that the term 'protected undertaking' is defined in the same way as in the National Security (Man Power) Regulations. The regulation also implies the imposition of certain obligations on employers, servants, agents, and employees within protected undertakings to adhere to laws, industrial awards, orders, determinations, agreements, codes, or customs. Failure to comply can lead to the cessation of Defence Force service exemptions or employment status in protected undertakings. Under the regulation, any employer, servant, or agent who fails to meet their obligations or acts contrary to relevant laws or customs may face severe consequences. The Prime Minister’s declaration could result in the loss of Defence Force service exemptions, compelling the individual to enlist or perform directed work. Similarly, employees who fail to perform their obligations or act contrary to relevant rules may be deemed to have ceased employment in a protected undertaking, leading to similar outcomes. The regulation does not explicitly state maximum penalties, but it implies significant repercussions for non-compliance, including potential forced enlistment or directed work under the National Security (Man Power) Regulations.