High Court of Australia
68 C.L.R.] OF AUSTRALIA. 51
(HIGH COURT OF AUSTRALIA.]
THE KING
AGAINST
DRAKE-BROCKMAN AND OTHERS ;
Ex parte NATIONAL OIL PTY. LTD.
National Security—" Coal mining industry" —" Shale mining industry" —Regula- 4. (. on A. tion of conditions of employment—Bmployees engaged in mining shale—Other 913, employees of same employer engaged in processing shale to produce oil and in =
refining oil—Jurisdiction of Central Reference Board—Writ of prohibition MetBourne, " Officer of the Commonwealth "—The Constitution (63 & 64 Vict. c. 12), 8.75 (v.) Oct. 22; —National Security (Coal Mining Industry Employment) Regulations (S.R. Nov. 5. 1941 No. 25—1942 No, 525), reg. 4, Part II.
Latham 0.J., The processes of treating shale for the extraction of crude oil and further _ Rich, Starke,
McTiernan and processes for the obtaining of standard grade petrol are not embraced within Williams JJ. the "shale mining industry" for the purposes of the definition of the "coal mining industry" in reg. 4 of the National Security (Coal Mining Industry Employment) Regulations, and it is immaterial that those processes are conducted
in the same locality as that in which the shale treated is mined.
So held by Latham C.J., Rich and Williams JJ. (Starke and McTiernan JJ. dissenting).
Held, further, by Latham C.3., Rich, Starke and Williams JJ., that, notwith- standing reg. 17 of the National Security (Coal Mining Industry Employment) Regulations, probibition lies under s. 75 (v.) of the Constitution to the Coal Mining Industry Central Reference Board; and, by Latham C.J., Rich and Williams JJ., that the Court thus having jurisdiction in the matter, the order nisi for prohibition should also be made absolute against the trade union which was a party to the proceedings before the Board.
Orper Nist for prohibition.
National Oil Pty. Ltd. (hereinafter called the prosecutor) was, it was stated in the affidavit in support of the application which is the subject of this report, a company duly incorporated in New South
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