STATUTORY RULES.

1941. No. 297.

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 sixteenth day of December, 1941.

GOWRIE

Governor-General.

By His Excellency’s Command,

H. V. EVATT

for and on behalf of the Minister of State for Defence Co-ordination.

———

Amendment of the National Security (Supplementary) Regulations. †

The National Security (Supplementary) Regulations are amended by adding at the end thereof the following regulations:—

Public Holidays and Annual Leave.

“19.—(1.) Notwithstanding the provisions of any law of the Commonwealth or of any State or Territory of the Commonwealth or of any award, order or determination of any industrial tribunal or of any industrial agreement, in relation to public holidays or annual leave, or leave of absence, but subject to this regulation, during the period from the 25th December, 1941, to the 3rd January, 1942 (both inclusive)—

(a) no day, other than the 25th and 26th December, 1941, and the 1st January, 1942, which is specified as a public holiday or holiday in any such law, award, order, determination or agreement, shall be observed as a public holiday or holiday at the business premises of any employer to whom the law, award, order, determination or agreement is applicable:

Provided that the Minister may, in respect of any State, substitute any other day in that period for the 25th or 26th December, 1941, or the 1st January, 1942; and

* Notified in the Commonwealth Gazette on 16th December, 1941.

† Statutory Rules 1940, No 126, as amended by Statutory Rules 1940, Nos. 151, 169, 213, 228, 233, 234, 245 and 257; and 1941, Nos. 75, 88, 100, 140, 197, 200, 222, 249 and

8154. —Price 3d.

(b) except on the ground of illness or other pressing emergency, no leave to which any employee is entitled, or for which the employee is eligible, under any such law, award, order, determination or agreement, other than leave for any of the days which, under this regulation, may be observed as public holidays or holidays, shall be granted.

(2.) Where an employer is satisfied that war production would be increased or maintained by the substitution of the 27th December, 1941, for the 1st January, 1942, in respect of his premises, the 27th December, 1941, may be substituted for the 1st January, 1942, accordingly, in respect of those premises.

(3.) Where the Secretary or any person authorized by him to act under this regulation is satisfied in respect of any premises or class of premises that the provisions of the last preceding sub-regulation will not adequately meet the requirements as to the rest, repair or overhaul of the equipment used at those premises or that class of premises, he may, by order, specify such days, as he thinks fit, to be days which may be observed as public holidays or holidays, in lieu of any days which may be observed under the preceding provisions of this regulation in respect of those premises or that class of premises, and such other days during which those premises or that class of premises may be closed, and thereupon it shall be lawful for the premises or class of premises to be closed on those days, and the preceding provisions of this regulation shall not apply to those premises or that class of premises.

(4.) Where, in pursuance of any law, award, order, determination or industrial agreement, any person is entitled to the grant, with pay, of annual leave or leave of absence and, by reason of the provisions of this regulation, he is not granted such annual leave or leave of absence in accordance with the provisions of the law, award, order, determination or industrial agreement, he shall be entitled to be paid by his employer, in accordance with the provisions of this regulation, in lieu of such annual leave or leave of absence, such sum as would have been payable to him in respect of a period of annual leave or leave of absence if it had been granted to him, such sum to be calculated, in the case of any employee to whom paragraph (a) of sub-regulation (5.) of this regulation applies, in respect of the period of annual leave or leave of absence to which the employee would be entitled if the annual leave or leave of absence were not granted for either of the periods specified in that paragraph.

(5.) The payment to be made by an employer under the last preceding sub-regulation shall be made—

(a) where the employee is entitled to annual leave or leave of absence or annual leave or leave of absence would normally be granted by the employer to his employees for the period from the 25th December, 1941, to the 1st January, 1942 (both inclusive) or for the period from the 25th December, 1941, to the 3rd January, 1942 (both inclusive)—on the first pay day after the 1st January, 1942, or the 3rd January, 1942, as the case may be; and

(b) in all other cases—on the first pay day after the date after which the annual leave or leave of absence in respect of which the payment is to be made cannot be made in accordance with the provisions of the law, award, order, determination or agreement, providing for the leave.

(6.) Where under any law, award, order, determination or industrial agreement an employer is not required to grant annual leave or leave of absence to an employee within any specified period, or annual leave or leave of absence not granted may, after the expiration of a specified period, be forfeited, the annual leave or leave of absence not granted shall be credited to the employee, and the employer shall grant it to the employee as soon as practicable after a date specified by the Minister by notice published in the Gazette or may, in lieu of the annual leave or leave of absence, pay to the employee such sum as would have been payable to him in respect of the period of annual leave or leave of absence if it had been granted to him.

(7.) For the purposes of this regulation—

‘employer’ means the person employing persons at or in any premises;

‘premises’ means bank, office, shop, factory or any premises whatever at which any industry is carried on and includes any Department of the Commonwealth or of a State or Territory of the Commonwealth and any place at which the business of any authority of the Commonwealth or of a State or Territory of the Commonwealth or of any local governing body is carried on.

Disputes arising by reason of deferment of leave.

“20. If any dispute arises between any employer or class of employers and any employee or class of employees with respect to the actual or purported operation of any of the provisions of the last preceding regulation, a Judge of the Commonwealth Court of Conciliation and Arbitration or a Conciliation Commissioner appointed under the Commonwealth Conciliation and Arbitration Act 1904-1934, or under that Act as applied and construed by the National Security (Industrial Peace) Regulations (Statutory Rules 1940, No. 290, as amended for the time being), or any person authorized by the Minister to deal with such disputes, may on application by an employer or any organization of employers or employees hear the dispute and advise the parties as to the terms on which the dispute should be settled and, failing the acceptance of those terms, shall hear and determine the dispute and the parties thereto shall comply with the determination.

Closing hours of shops.

“21.—(1.) Notwithstanding anything contained in any law of the Commonwealth or of a State or Territory of the Commonwealth or any award, order or determination of any industrial tribunal, or any industrial agreement, or any contract or agreement, every shop shall, subject to any order made under this regulation, be closed for the serving of customers not later than six o’clock post meridiem on each day on which it is ordinarily open for trade or business.

(2.) The Minister or any person authorized by him to act under this regulation in respect of any area specified by the Minister may,

by order, in respect of any area specified in the order, substitute another hour (whether earlier or later) for the hour specified in the last preceding sub-regulation:

Provided that the substituted hour shall not be later than seven o’clock post meridiem except on one day in each week, when the substituted hour shall not be later than eight o’clock post meridiem.

(3.) An order made under this regulation may, within the area in which it is applicable—

(a) be made so as to apply to the whole or any part of the area;

(b) be made so as to apply to all trades or businesses or to any specified trade or business or class of trade or business;

(c) may fix different hours for different days of the week and for different trades or businesses or classes thereof; and

(d) may contain such incidental and supplementary provisions as appear to the Minister or person making the order to be necessary or expedient for the purposes of the order.

(4.) Where a shop is conducted for the primary purpose of supplying medical or chemical requisites, cordials, fruit, vegetables or any other food or foodstuffs of a perishable nature, nothing in this regulation shall compel that shop to close.

(5.) The person conducting a shop which remains open in pursuance of the last preceding sub-regulation shall not serve, or cause, permit or suffer to be served, to any customer during any time the shop so remains open, any goods other than those the serving of which is the primary purpose for which the shop is conducted.

(6.) In the case of an hotel licensed for the sale of spirituous or alcoholic liquors, the laws of the State or Territory of the Commonwealth in which the hotel is situated with respect to trading hours of such hotels shall continue to apply but the Premier of the State or, in the case of a Territory, the Minister may, by order, fix an hour for the closing of the hotel earlier than the hour fixed by those laws, and thereupon the hour so fixed shall be deemed to be fixed by this regulation and this regulation shall apply accordingly in respect of the hotel.

(7.) The person occupying or in charge, or in apparent occupation or charge, of any shop shall not cause, permit or suffer the shop to be open for the serving of customers in contravention of this regulation.

Exemptions.

“22. The Minister may, by order, either wholly or to the extent specified in the order, and either absolutely or subject to such conditions as are so specified, exempt from, the application of the whole or any of the provisions of the last three preceding regulations any person, all persons or every person included in any class of persons.

Interpretations

“23. For the purposes of the last four preceding regulations—

‘shop’ means any place or premises in which goods are offered or exposed for sale;

‘the Minister’ means the Minister of State for Labour and National Service;

‘the Secretary’ means the Secretary, Department of Labour and National Service.”.

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