Victorian Chamber of Manufactures v Commonwealth (Women's Employment Regulations) [1943] HCA 21

67 C.L.R.] OF AUSTRALIA. 347

[HIGH COURT OF AUSTRALIA.]

THE VICTORIAN CHAMBER OF MANUFAC-

TURES AND OTHERS ak ae PLAINTIFFS 5

AND

THE COMMONWEALTH AND OTHERS . . DEFENDANTS.

(WOMEN'S EMPLOYMENT REGULATIONS.)

Constitutional Law—Defence—National security—Women's employment—Statute— a Oona Regulations—Validity—Disallowance of regulations by Senate—New regulations 1943. "the same in substance" as those disallowed—The Constitution (63 & 64 Vict. ee)

c. 12), 8. 51 (vi.)—Women's Employment Act 1942 (No. 55 of 1942)—Acts Mutnourne, Interpretation Act 1901-1941 (No. 2 of 1901—No. 7 of 1941), ss. 48, 49—National June 21-23. Security Act 1939-1940 (No. 15 of 1939—WNo. 44 of 1940), 8. 5 (4)—Women's See

Employment Regulations (S.R. 1942 No. 548—1943 Nos. 75, 92). re ug. 13. The Women's Employment Act 1942 was validly enacted under the defence power of the Commonwealth Parliament. eee ee

McTiernan and

So held by Latham C.J., Rich, McTiernan and Williams JJ. (Starke J. Williams JJ. dissenting). Held, further, by Latham C.J., Rich and Williams JJ. (McTiernan J. dis- senting), that reg. 2 of the Women's Hmployment Regulations (No. 2) (Statutory Rules 1943 No. 75) contravenes s. 49 (1) of the Acts Interpretation Act 1901- 1941 and is therefore void; by Latham C.J., Rich, McTiernan and Williams JJ., that reg. 4 of Statutory Rules 1943 No. 92 contravenes s. 49 (1) and is void; by Rich, McTiernan and Williams JJ. (Latham C.J. dissenting), that reg. 3 of the Women's Employment Regulations (No. 2) does not contravene s. 49 (1) and is valid.

Observations on the bearing of s. 5 (4) of the National Security Act 1939- 1940 and s. 48 (1) (c) and (3) of the Acts Interpretation Act 1901-1941 upon decisions of the Women's Employment Board.

DrEMURRER.

The Victorian Chamber of Manufactures, the Metal Trades Employers' Association and certain companies engaged in the industries mentioned hereunder brought an action in the High