No. 175. 4439

THE
NEW ZEALAND GAZETTE
EXTRAORDINARY.
Published by Authority.

WELLINGTON, TUESDAY, DECEMBER 4, 1917.

The Regulation of Trade and Commerce Act, 1914 (Section 25). —Suspending the Provisions of the Industrial Conciliation and Arbitration Act, 1908, and its Amendments, and of all Awards and Industrial Agreements in so far as they prevent or restrict the Training and Employment of Discharged Soldiers in certain Industries.

LIVERPOOL, Governor-General.

ORDER IN COUNCIL.

At the Government Buildings at Wellington, this third day of December, 1917.

Present :

THE RIGHT HONOURABLE W. F. MASSEY, P.C., PRESIDING IN COUNCIL.

WHEREAS by section twenty-five of the Regulation of Trade and Commerce Act, 1914, it is provided that at any time while His Majesty is at war with any foreign Prince or State the Governor may from time to time, by Order in Council, if satisfied that such a course is necessary in the public interest, modify or suspend wholly or partially and subject to such conditions as he thinks fit—

(a.) All or any of the provisions of any industrial award or industrial agreement under the Industrial Conciliation and Arbitration Act, 1908, and its amendments; and

(b.) All or any of the provisions of the Shops and Offices Act, 1908, and the Factories Act, 1908, and their amendments; and

(c.) All or any of the provisions of any other Act so far as such provisions take away or restrict the liberty of private contract in matters of trade, commerce, business, or employment :

And whereas by Order in Council under the said section, dated the thirty-first day of January, one thousand nine hundred and sixteen, and published in the Gazette of the tenth day of February, one thousand nine hundred and sixteen, the provisions of all awards and industrial agreements prescribing the conditions of employment of under-rate workers and apprentices, and the provisions of the Industrial Conciliation and Arbitration Act and its amendments relating thereto, were suspended in so far as such provisions prevent or restrict the employment of any discharged soldier authorized, in the manner prescribed by that Order in Council, to be employed in the industry to which such award or industrial agreement relates :

And whereas it is expedient to revoke the said Order in Council, and to make other provisions in lieu thereof :

Now, therefore, His Excellency the Governor-General of the Dominion of New Zealand, in pursuance and exercise of the powers conferred on him by section 25 of the Regulation of Trade and Commerce Act, 1914, and of all other powers and authorities enabling him in that behalf, and acting by and with the advice and consent of the Executive Council of that Dominion, doth hereby revoke the Order in Council of the thirty-first day of January, one thousand nine hundred and sixteen, aforesaid, and doth hereby suspend the provisions of all awards and industrial agreements prescribing the conditions of employment of under-rate workers and apprentices, and also the provisions of the Industrial Conciliation and Arbitration Act, 1908, and its amendments, relating thereto, in so far as those provisions prevent or restrict the employment, or the employment and training, of discharged soldiers, pursuant to the conditions set forth in the Schedule hereto; provided that all permits which, on the making of this Order, are in force under the Order in Council hereby revoked shall continue in force in all respects as if they had been granted under the corresponding provisions hereinafter in this Order in Council set forth.

SCHEDULE.

1. For the purposes of this Order in Council—

“Discharged soldier” means a discharged soldier within the meaning of the Discharged Soldiers Settlement Act, 1915, who is incapable of efficiently working at his previous occupation by reason of disablement contracted during his period of military service :

“Minister” means the Minister for the time being in charge of the Discharged Soldiers’ Information Department.

Employment and Training of Discharged Soldiers.

2. (1.) Application by a discharged soldier to be trained and employed pursuant to this Order in Council may be made to the Discharged Soldiers Information Department in such form as may be prescribed by the Minister.

(2.) On receipt of any such application the Minister, or such person as he may direct in that behalf, shall cause inquiries to be made, and if it appears that the applicant is a suitable person to be trained, and that the industry or the branch or branches thereof in which employment and training are sought by the applicant are such that the applicant, having regard to his education and his physical