STATUTORY RULES
1942. No. 410
REGULATIONS 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 Regulations under the National Security Act 1939-1940.
Dated this twenty-fourth day of September, 1942.
(Sgd.) GOWRIE
Governor-General.
By His Excellency’s Command,
(Sgd.) H. V. EVATT
For and on behalf of the Minister of
State for Defence.
NATIONAL SECURITY (WOMEN’S EMPLOYMENT) REGULATIONS:
Short Title
1. These Regulations may be cited as the National Security (Women’s Employment) Regulations.
Definition.
2. In these Regulations, “the Bill” means the Bill intituled A Bill for an Act to encourage and regulate the Employment of Women for the purpose of aiding the prosecution of the present war, notice in relation to the introduction of which Bill into the House of Representatives was given by the Prime Minister on the twenty-fourth day of September, 1942.
Continuance of Regulations.
3. These Regulations shall continue in force until -
(a) the Senate rejects or fails to pass the Bill, or passes it with amendments to which the House of Representatives will not agree; or
(b) the expiration of a period of one month from the date of the making of these Regulations,
whichever first happens.
Validation of decisions etc.
4. All decisions, variations and interpreations, given or made (prior to the date of the making of these Regulations) by the Women’s Employment Board constituted under the National Security (Employment of Women) Regulations (Statutory Rules 1942 No. 146, as amended by Statutory Rules 1942 Nos. 236, 263, 294, 381 and 393) shall, by virtue of these Regulations, have full force and effect, and all employers, employees and organizations of employees to whom any such decision, variation or interpretation relates shall comply with such obligations as are imposed on them or required of them by any such, decision, variation or interpretation.
Overview
The National Security (Women’s Employment) Regulations 1942 were introduced to facilitate and regulate the employment of women to support the war effort. Enacted under the National Security Act 1939-1940, these regulations were made by the Governor-General in Council, with the advice of the Federal Executive Council. The primary objective of these regulations was to ensure the continuation of decisions, variations, and interpretations made by the Women’s Employment Board established under previous regulations, thereby maintaining compliance and obligations among employers, employees, and employee organizations. These regulations remained in effect until the Senate either rejected or failed to pass the related Bill, or if it passed with amendments that the House of Representatives did not agree to, or until one month from the date of the regulations, whichever came first.
Scope and Application
The National Security (Women’s Employment) Regulations, enacted under the National Security Act 1939-1940, specifically target the employment of women to support the war effort. These regulations apply to all employers, employees, and organizations of employees who are subject to decisions, variations, and interpretations made by the Women’s Employment Board, which was constituted under previous regulations amending the National Security (Employment of Women) Regulations. The scope of these regulations encompasses validating all actions taken by the Women’s Employment Board prior to the date of these regulations, ensuring their decisions have full force and effect. The geographic reach of these regulations is the Commonwealth of Australia, and they will remain in force until either the Senate rejects the associated bill, fails to pass it, or passes it with amendments unacceptable to the House of Representatives, or until one month has elapsed from the date of the regulations, whichever occurs first. There are no stated exclusions or exemptions within the text of these regulations, but they are contingent upon the passage of the associated bill, thus their continued application is inherently conditional.
Key Provisions
The National Security (Women’s Employment) Regulations, introduced under the National Security Act 1939-1940, set out specific provisions regarding the employment of women to support the war effort. These Regulations, referenced as Statutory Rules 1942 No. 410, are designed to remain in effect until either the Senate rejects or fails to pass the related Bill, or the Bill is passed with amendments unacceptable to the House of Representatives, whichever occurs first (Regulation 3). Until such time, the Regulations aim to ensure that women's employment is structured to aid the war effort effectively. The Regulations validate all prior decisions, variations, and interpretations made by the Women’s Employment Board under previous regulations (Regulation 4). These decisions, which may include the establishment of employment standards or the allocation of women to specific roles, are now fully enforceable, and all relevant parties must comply with them (Regulation 4).
The Act imposes certain obligations on employers, employees, and employee organizations. Employers are required to follow the validated decisions of the Women’s Employment Board, which may include directives about workforce allocation, employment conditions, or specific job assignments for women (Regulation 4). Employees, particularly women, must adhere to these decisions, which could involve accepting employment in roles designated by the Board to support the war effort. Employee organizations are also bound by these decisions and must ensure that their members comply with the regulations set forth by the Women’s Employment Board (Regulation 4).
Breaches of these Regulations could lead to serious consequences. While the specific penalties are not detailed within these Regulations, the overarching National Security Act 1939-1940 provides a framework under which penalties may be imposed. This could include fines or imprisonment for individuals or organizations that fail to comply with the Act's provisions. The precise penalties would be determined by the courts, taking into account the nature and severity of the breach. The intent behind these potential penalties is to enforce compliance and ensure that women’s employment supports the national security objectives during wartime.