REGULATION 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 Regulation under the National Security Act 1939-1940.
Dated this thirty-first day of March, 1942.
GOWRIE
Governor-General.
By His Excellency’s Command,
JOHN A. BEASLEY
for and on behalf of the Minister of State for Defence Co-ordination.
Amendment of the National Security (Supplementary) Regulations.†
Regulation 44 of the National Security (Supplementary) Regulations is amended by inserting, after sub-regulation (2.), the following sub-regulations:—
“(2a.) Where an employee who works on any of the days to which this regulation applies is not entitled, under any law or industrial award, order, determination or agreement to additional payment for so working, any tribunal having jurisdiction to determine disputes or claims in respect of rates of pay or conditions of employment in relation to the work on which the employee is employed may, upon the application of the employee or the organization of employees to which he belongs, determine that the employee shall be entitled, for so working to additional payment at such rate as, in all the circumstances (including the regularity of the employee’s attendance at work), the tribunal thinks just, and the employee shall thereupon be entitled to additional payment accordingly.
“(2b.) An employee to whom any such determination applies shall be entitled to sue for, and recover, in any court of competent jurisdiction, any additional payment to which he is entitled under the determination.”.
* Notified in the Commonwealth Gazette on 31st March, 1942.
† Statutory Rules, 1940, No. 126, as amended by Statutory Rules 1940, Nos. 151, 169, 213, 228, 233, 234, 245 and 257; 1941, Nos. 75, 88, 100, 140, 197, 200, 222, 249, 296, 297, 303, 314, 318, 320 and 323; and 1942, Nos. 16, 20, 21, 36, 40, 50, 57, 62, 63, 72, 78, 90, 111, 125, 132, 147, 150, 153 and 154.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
2433.—Price 3d.