STATUTORY RULES.
1940. No. 88.
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REGULATIONS UNDER THE SUPPLY AND DEVELOPMENT ACT 1939.*
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 Supply and Development Act 1939.
Dated this Twenty second
day of May , 1940.
Governor-General.
By His Excellency’s Command,
Minister of State for Supply and Development.
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Amendment of the Supply and Development (Factories)
Regulations.†
Commencement.
1. These Regulations shall be deemed to have come into operation on the second day of September, 1939.
2. Regulation 38 of the Supply and Development (Factories) Regulations is repealed and the following regulation inserted in its stead:—
Leave for defence purposes.
“38.—(1.) An employee who has enlisted in, or been appointed to, an Expeditionary Force raised under the provision of the Defence Act 1903-1939, or who is called up for war service in pursuance of the Defence Act 1903-1939, and is granted leave of absence by the Manager, may, if his pay as a member of the Defence Force in respect of the first sixteen calendar days of leave so granted is less than his pay as an employee, be paid an amount equal to the difference.
(2.) In this regulation the expression “pay as an employee” includes such emoluments as the Board determines.
(3.) An employee shall not be granted leave under this regulation beyond the date on which his services would, but for that leave, have been terminated.”.
* Notified in the Commonwealth Gazette on 2nd September. 1939.
† Statutory Rules 1939, No. 98, as amended by Statutory Rules 1939, No. 151.
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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
2102.—12/9.4.1940.—Price 3d.
Overview
The Statutory Rules 1940 No. 88, Regulations under the Supply and Development Act 1939, were enacted to address the need for financial support for employees who were enlisted in the Defence Force during the period of World War II. Issued under the authority of the Governor-General, acting on the advice of the Federal Executive Council, these regulations sought to ensure that employees who were granted leave for defence purposes would not suffer a financial loss by virtue of their service. The policy objective was to support the war effort by providing adequate compensation to employees who were temporarily serving in the Defence Force, thereby encouraging participation without financial hardship. These regulations aimed to maintain workforce stability and morale during a critical period for the nation.
Scope and Application
The Supply and Development (Factories) Regulations, made under the Supply and Development Act 1939, are applicable to employees who have enlisted in or been appointed to an Expeditionary Force raised under the Defence Act 1903-1939, or who are called up for war service under the same Act. These regulations pertain to the financial compensation provided to employees granted leave of absence for their service in the Defence Force. Specifically, they allow for the payment of an amount equal to the difference between the employee's Defence Force pay and their regular employment pay for the first sixteen calendar days of leave, provided the Defence Force pay is less. The term "pay as an employee" includes any emoluments determined by the Board. The regulations are designed to ensure that employees are not disadvantaged financially due to their military service commitments. Furthermore, these regulations apply nationwide as they are federal regulations under the Commonwealth of Australia, governed by the Governor-General and the Federal Executive Council. The regulations do not explicitly mention any exclusions or exemptions, and their application is limited to circumstances where an employee's Defence Force pay for leave is less than their regular pay.
Key Provisions
The main operative sections of these Regulations pertain specifically to the leave entitlements of employees who are serving in an Expeditionary Force or have been called up for war service. According to regulation 38(1), employees granted leave of absence under the Defence Act 1903-1939 may be entitled to receive an amount equal to the difference if their pay as a member of the Defence Force for the first sixteen calendar days of leave is less than their pay as an employee. This ensures that employees do not suffer a financial loss due to their service in the Defence Force. Regulation 38(2) clarifies that the term “pay as an employee” includes emoluments determined by the Board. Additionally, regulation 38(3) stipulates that leave may not be granted beyond the date on which the employee's services would otherwise have been terminated.
The Regulations impose several obligations on the parties involved, particularly employers and employees. Employers must ensure that they correctly calculate and pay any difference in wages to employees who are granted leave under the Defence Act and whose Defence Force pay is less than their civilian pay for the first sixteen calendar days of leave. Employers are also required to strictly adhere to the maximum leave period outlined in regulation 38(3). Employees, on the other hand, must comply with the conditions set forth in the Defence Act regarding their leave entitlements and ensure that their Defence Force pay does not exceed their civilian pay for the specified period.
Failure to comply with the Regulations can lead to various consequences, although the specific provisions regarding penalties or enforcement mechanisms are not detailed in the text provided. Generally, breaches of statutory regulations can result in legal actions, including fines or other penalties as prescribed by law. The exact nature and extent of these consequences would typically be outlined in other sections of the Supply and Development Act 1939 or related legislation. It is essential for both employers and employees to understand and adhere to these Regulations to avoid any potential legal ramifications.