National Security (Trades Dilution) Regulations

Legislation au C1946L00018 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1946. No. 18.

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REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1943.*

I, 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 twenty-third day of January, 1946.

HENRY

Governor-General.

By His Royal Highness’s Command,

E. J. HOLLOWAY

for and on behalf of the Minister of

State for Defence.

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The National Security (Trades Dilution) Regulations.

Citation.

1. These Regulations may be cited as the National Security (Trades Dilution) Regulations.

Amendment of National Security (Blacksmithing Trades Dilution) Regulations.

2. Regulation 15 of the National Security (Blacksmithing Trades Dilution) Regulations is amended—

(a) by adding at the end of sub-regulation (2.) the following proviso:—

“Provided that nothing in the foregoing provisions of this sub-regulation shall apply to any blacksmith apprentice who was not, on the thirty-first day of December, 1945, entitled to be paid not less than that wage.”; and

(b) by inserting in sub-regulation (3.), after the word “apprentices” (first occurring), the words “so paid”.

Amendment of National Security (Boilermaking Trades Dilution) Regulations.

3. Regulation 15 of the National Security (Boilermaking Trades Dilution) Regulations is amended—

(a) by adding at the end of sub-regulation (2.) the following proviso:—

“Provided that nothing in the foregoing provisions of this sub-regulation shall apply to any boilermaker apprentice who was not, on the thirty-first day of December, 1945, entitled to be paid not less than that wage.”; and

(b) by inserting in sub-regulation (3.), after the word “apprentices” (first occurring), the words “so paid”.

*Notified in the Commonwealth Gazette on 28th January, 1946.

381.—Price 3d.

Amendment of National Security (Boot Trades Dilution) Regulations.

4. Regulation 14 of the National Security (Boot Trades Dilution) Regulations is amended by adding at the end of sub-regulation (2.) the following proviso:—

“Provided that nothing in the foregoing provisions of this sub-regulation shall apply to any boot trade apprentice who was not, on the thirty-first day of December, 1945, entitled to be paid not less than that wage.”

Amendment of National Security (Electrical Trades Dilution) Regulations.

5. Regulation 15 of the National Security (Electrical Trades Dilution) Regulations is amended by adding at the end of sub-regulation (2.) the following proviso:—

“Provided that nothing in the foregoing provisions of this sub-regulation shall apply to any electrical trades apprentice who was not, on the thirty-first day of December, 1945, entitled to be paid not less than that wage.”.

Amendment of National Security (Engineering Trades Dilution) Regulations.

6. Regulation 15 of the National Security (Engineering Trades) Dilution) Regulations is amended by adding at the end of sub-regulation (2.) the following proviso:—

“Provided that nothing in the foregoing provisions of this sub-regulation shall apply to any engineering trades apprentice who was not, on the thirty first day of December, 1945, entitled to be paid not less than that wage.”.

Amendment of National Security (Sheet Metal Trade Dilution) Regulations.

7. Regulation 15 of the National Security (Sheet Metal Trades Dilution) Regulations is amended by adding at the end of sub-regulation (2.) the following proviso:—

“Provided that nothing in the foregoing provisions of this sub-regulation shall apply to any sheet metal trades apprentice or improver who was not, on the thirty-first day of December, 1945, entitled to be paid not less than that wage.”.

Amendment of National Security (Shipwrights Trade Dilution) Regulations.

8. Regulation 13 of the National Security (Shipwrights Trade Dilution) Regulations is amended by adding at the end of sub-regulation (2.) the following proviso:—

“Provided that nothing in the foregoing provisions of this sub-regulation shall apply to any shipwright apprentice who was not, on the thirty-first day of December, 1945, entitled to be paid wages at that rate.”.

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

Overview

The National Security (Trades Dilution) Regulations 1946 were enacted to address the issue of dilution in trades during wartime, as required by the National Security Act 1939-1943. The Regulations were made by the Governor-General in Council under the authority of the Act, with the policy objective of ensuring that certain apprentices in specific trades were not subjected to dilution of their wages and conditions. This was achieved by amending existing regulations concerning blacksmithing, boilermaking, boot trades, electrical trades, engineering trades, sheet metal trades, and shipwrights, adding a proviso that apprentices who were not entitled to a specific wage on 31 December 1945 would be exempt from the dilution provisions. This legislative instrument aimed to protect the wages and working conditions of certain apprentices in essential trades during a period of national emergency.

Scope and Application

The National Security (Trades Dilution) Regulations, made under the National Security Act 1939-1943, aim to amend specific regulations pertaining to trades dilution in various industries such as blacksmithing, boilermaking, boot trades, electrical trades, engineering trades, sheet metal trades, and shipwright trades. These regulations apply to apprentices and improvers in the aforementioned trades who were not entitled to a certain wage on 31st December 1945. The regulations are designed to ensure that certain wage provisions do not apply to these individuals, thereby protecting their entitlements during a period of national security. The scope of these regulations is limited to the Commonwealth jurisdiction, as they are enacted under federal law. Any further application or restrictions of these regulations would be detailed in subordinate instruments issued under the authority of the Act.

Key Provisions

The main operative sections of the National Security (Trades Dilution) Regulations (C1946L00018) pertain to amendments made to various existing regulations under the National Security Act 1939-1943. These amendments focus on the dilution of trades, specifically in the blacksmithing, boilermaking, boot trades, electrical trades, engineering trades, sheet metal trades, and shipwrights trade. Regulation 15 in each of these areas is modified to include a proviso that exempts apprentices who were paid at least a certain wage as of 31 December 1945 from the dilution requirements (Regulations 2, 3, 5, 6, 7, 8). The regulation concerning boot trades, however, is regulated by Regulation 14, which also includes the same proviso (Regulation 4). Additionally, Regulation 13 of the Shipwrights Trade Dilution Regulations is amended in a similar fashion (Regulation 8). These regulations impose specific obligations on employers and apprentices within these trades. Employers must ensure that the wages of apprentices are not diluted below the specified thresholds, except for those apprentices who were already being paid at least the minimum wage as of 31 December 1945. The regulations also mandate that these provisions apply retroactively to ensure that the wage rates of apprentices are protected as per the specified date. Furthermore, employers are required to maintain records and documentation to demonstrate compliance with these wage provisions. Breaches of these regulations can result in civil or criminal penalties. The exact penalties are not specified in the legislative instrument, but under the National Security Act 1939-1943, breaches of regulations can lead to fines or imprisonment. The severity of the penalties would depend on the nature and extent of the breach, and the discretion of the courts. It is essential for employers to adhere to these regulations to avoid potential legal repercussions.

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