STATUTORY RULES.

1943. No. 146.

REGULATION UNDER THE NATIONAL SECURITY ACT 1939-1940.*

I, THE DEPUTY OF 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 first day of June, 1943.

WINSTON DUGAN

Deputy of the Governor-General.

By His Excellency’s Command,

JOHN CURTIN

Minister of State for Defence.

Amendment of the National Security (Supplementary) Regulations.†

Stoppages of work in protected undertakings.

Regulation 103 ‡ of the National Security (Supplementary) Regulations is amended by inserting at the end thereof the following sub-regulations:—

“(4.) If it appears to the Prime Minister necessary so to do in the interests of the public safety or the defence of the Commonwealth or of any Territory of the Commonwealth he may, by order, declare any undertaking within the meaning of sub-regulation (6.) of this regulation, or any branch, department or part of any such undertaking, or every such undertaking, branch, department or part included in a class of undertakings, branches, departments or parts specified in the order, to be a protected undertaking for the purposes of this regulation.

* Notified in the Commonwealth Gazette on 1st June, 1943.

† Statutory Rules 1940, No. 126, as amended to date. For previous National Security (Supplementary) Regulations, see footnote † to Statutory Rules 1943, No. 48, and see also Statutory Rules 1943, Nos. 63, 78, 86, 87, 88, 103, 104, 111, 112, 114, 138 and 144.

‡ See Statutory Rules 1943, No. 144.

3396.—Price 3d.

“(5.) Where any undertaking, branch, department or part of an undertaking is declared or deemed to be a protected undertaking in pursuance of this regulation—

(a) the power of the Prime Minister under sub-regulation (1.) of this regulation in relation to that protected undertaking shall be to declare the employer in the undertaking, or any servant or agent of that employer, or any employee in the undertaking to be a person to whom this regulation applies; and

(b) upon the making of any such declaration in respect of any person, the provisions of sub-regulation (2.) of this regulation shall, so far as applicable, apply to that person accordingly.

“(6.) For the purposes of sub-regulation (4.) of this regulation, ‘undertaking’ means any public utility undertaking as defined by regulation 3 of the National Security (General) Regulations, any industrial or commercial enterprise, and any undertaking or service which, in the opinion of the Prime Minister, is essential to the defence of the Commonwealth or of any Territory of the Commonwealth.

“(7.) For the purposes of this regulation, where a person engages or has, at any time during the period of three months immediately prior to the commencement of this sub-regulation, engaged any other person for work in the loading or unloading of ships, the undertaking of the first-mentioned person, in so far as it involves work in the loading or unloading of ships, shall be deemed to be a protected undertaking, and that firstmentioned person shall be deemed to be the employer in that undertaking, and every person who engages or has, at any time during that period of three months, engaged for work in the loading or unloading of ships, shall be deemed to be an employee in that undertaking.”.

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