National Emergency (Coal Strike) Act 1949

In plain terms: no union could bankroll the strike, and no one could receive strike support funds.

Key enforcement tools

• A "prescribed authority" (a senior judge or tribunal official) could authorise specific payments that had nothing to do with sustaining the strike — for example, legitimate welfare payments.
• The Commonwealth Court of Conciliation and Arbitration (the industrial court of the day) could order that money already paid in breach of the law be paid back, even for payments made before the Act commenced (back to 16 June 1949).
• The Court could also issue injunctions (court orders forcing or stopping certain behaviour) to ensure compliance.
• The Industrial Registrar (a government official overseeing union registrations) had broad powers to inspect union books and records, enter premises, seize documents, and demand information.

Penalties

• Unions and companies that broke the rules faced fines of up to £1,000 (a very significant sum in 1949).
• Individual people faced fines of up to £100 or six months' jail, or both.
• Union officers and committee members were automatically treated as guilty if their union broke the law — unless they could prove they didn't know about it or actively tried to prevent it.

A notable feature: reversed burden of proof

Usually in Australian law, the prosecution must prove you're guilty. This Act flipped that around: any payment was assumed to be for the purpose of supporting the strike unless the accused could prove otherwise. This was a significant (and controversial) departure from normal legal principles.

How did it end?

The Act had a built-in sunset mechanism: the moment the strike ended, the Governor-General was required to issue a formal proclamation, and the Act would automatically be treated as repealed. It was always designed as a temporary, crisis measure — not permanent law.