RE-ESTABLISHMENT AND EMPLOYMENT (No. 2).
No. 52 of 1958.
An Act to amend the Re-establishment and Employment Act 1945–1956, as amended by the Re-establishment and Employment Act 1958, and for purposes incidental thereto.
[Assented to 1st October, 1958.]
BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—
Short title and citation.
1.—(1.) This Act may be cited as the Re-establishment and Employment Act (No. 2) 1958.
(2.) The Re-establishment and Employment Act 1945–1956, as amended by the Re-establishment and Employment Act 1958, is in this Act referred to as the Principal Act.
(3.) Section one of the Re-establishment and Employment Act 1958 is amended by omitting sub-section (3.).
(4.) The Principal Act, as amended by this Act, may be cited as the Re-establishment and Employment Act 1945–1958.
Commencement.
2.—(1.) Subject to the next succeeding sub-section, this Act shall come into operation on the day on which it receives the Royal Assent.
(2.) Section three of this Act shall be deemed to have come into operation on the second day of September, One thousand nine hundred and fifty-eight.
Operation of sections 24 to 33.
3. Section thirty-four of the Principal Act is amended by omitting sub-section (1.) and inserting in its stead the following sub-section:—
“(1.) Sections twenty-four to thirty-three (inclusive) of this Act shall cease to be in operation at midnight on the thirtieth day of June, One thousand nine hundred and sixty.”.
Incidental provisions.
4.—(1.) A person shall not be convicted of an offence arising under section thirty-three of the Principal Act as amended by this Act which was committed on or after the third day of September, One thousand nine hundred and fifty-eight, and before the commencement of this section.
(2.) An order purporting to have been made under section twenty-eight or section twenty-nine of the Principal Act on or after the third day of September, One thousand nine hundred and fifty-eight, and before the commencement of this section, has, subject to the next succeeding sub-section, the same force and effect as if the Principal Act as amended by this Act had been in force on the day on which the order was made.
(3.) Where an order made under section twenty-eight or section twenty-nine of the Re-establishment and Employment Act 1945–1956 or of the Principal Act on or before the second day of September, One thousand nine hundred and fifty-eight, or an order referred to in the last preceding sub-section, directed an employer to engage a person in employment on or before a date occurring after the second day of September, One thousand nine hundred and fifty-eight, and before the commencement of this section, that order shall, for the purposes of the Principal Act as amended by this Act, be deemed to have directed, and shall have effect as if it had directed, the employer to engage the person in employment on or before the fourteenth day after the date of commencement of this section.
Overview
The Re-establishment and Employment Act (No. 2) 1958 was enacted by the Parliament of the Commonwealth of Australia to amend the Re-establishment and Employment Act 1945–1956, as previously amended by the Re-establishment and Employment Act 1958. This legislation aimed to address gaps and make necessary adjustments to the existing framework established to assist returned service personnel and others in finding suitable employment. It was intended to refine and improve the processes and provisions set out in the principal Act to better meet the needs of those seeking employment following service or other qualifying circumstances. The policy objective is to support the re-establishment of individuals in the workforce by providing a structured legal framework for employment assistance and regulation.
The Act came into operation on the day of Royal Assent and includes specific provisions that modify the operation and enforcement of certain sections of the principal Act. For instance, it amends the operation of sections 24 to 33, setting a cessation date for these provisions. Additionally, it provides for the legal status of offences and orders made before the commencement of certain sections, ensuring continuity and fairness in the application of the law. This Act is instrumental in ensuring that the legislative framework remains effective and responsive to the needs of those it serves.
Scope and Application
The Re-establishment and Employment Act (No. 2) 1958 amends the Re-establishment and Employment Act 1945–1956, as previously amended by the Re-establishment and Employment Act 1958, with specific modifications to its operation. This Act applies to individuals and entities involved in employment practices, particularly those affected by the provisions concerning re-establishment and employment post-World War II. It primarily affects employers and ex-servicemen or women who are seeking re-employment following their service. Geographically, the Act operates at the Commonwealth level, impacting employment practices across Australia. Certain sections, specifically sections 24 to 33, are set to cease operation on 30 June 1960, with exceptions for orders issued prior to 2 September 1958 that direct employment engagement after that date but before the Act's commencement. Additionally, the Act includes provisions to ensure that no person is convicted of offences under amended section 33 that occurred between 3 September 1958 and the commencement of this Act, while still recognising the force and effect of orders made under specified sections during that period.
Key Provisions
The main operative sections of the Re-establishment and Employment (No. 2) Act 1958 (C1958A00052) amend and update the Re-establishment and Employment Act 1945–1956, referred to as the Principal Act. This Act repeals certain sections and modifies others, with particular focus on sections 24 to 33 of the Principal Act. It specifies that these sections will cease to be in operation at midnight on 30 June 1960 (section 3). The Act also includes provisions that exempt individuals from conviction for offences arising under section 33 of the Principal Act if those offences were committed between 3 September 1958 and the commencement of this Act (section 4(1)). Orders made under sections 28 or 29 of the Principal Act on or after 3 September 1958, but before the commencement of this Act, retain their force and effect, with some adjustments for timing (section 4(2) and (3)).
The Re-establishment and Employment (No. 2) Act 1958 imposes several obligations and requirements on the parties it governs. Employers are required to engage individuals in employment as directed by orders under sections 28 or 29 of the Principal Act, with certain adjustments to deadlines if those orders were made before the Act's commencement (section 4(3)). The Act also ensures that any orders made under these sections on or after 3 September 1958, but before the Act's commencement, will be treated as if they had been made under the amended Principal Act, thereby preserving their legal validity and effect.
The Act stipulates specific consequences and penalties for breaches of its provisions and those of the Principal Act as amended. Offences under section 33 of the Principal Act committed between 3 September 1958 and the commencement of this Act cannot result in a conviction (section 4(1)). This protection aims to prevent legal repercussions for actions that occurred during a transitional period when the amended Act was not yet in force. Additionally, any orders made under sections 28 or 29 of the Principal Act or the amended Act that direct employers to engage individuals in employment within certain timeframes must be adhered to strictly, with potential adjustments to deadlines as specified in the Act. Failure to comply with these requirements could result in legal actions or consequences as outlined in the Principal Act.