| C2004C02491 | BOUNTIES PROCEDURE ACT 1907 [Note: This Act is "repealed" by Act No. 76 of 1986]
(#DATE 29:10:1966)
Compilation Information
- Reprinted as at 29 October 1966
BOUNTIES PROCEDURE ACT 1907-1966 - TABLE OF PROVISIONS
TABLE
BOUNTIES PROCEDURE ACT 1907-1966
TABLE OF PROVISIONS
Section
1. Short title
2. Definitions
3. Judge to be guided by equity and good conscience
4. Power to appoint assessors
5. Representation
6. Power to issue orders to take evidence
7. Powers of Judge
8. Contempt
9. Contempt by witness
Evidence as to trade secrets and financial position
10. Protection of witnesses
11. Employers not to dismiss employees
Onus on employer
12. Employee not to cease work
Onus on employee
13. Intimidation of witnesses
14. Judge may prohibit publication of evidence
15. Powers of authority to whom application referred by Judge
16. Power to make Regulations
BOUNTIES PROCEDURE ACT 1907-1966 - SECT. 1.
Short title.
SECT
BOUNTIES PROCEDURE ACT 1907-1966
Title amended by No. 45, 1934, s. 2. An Act relating to Procedure on
Applications for a Declaration under any Act relating to the Payment of
Bounties.
Short title amended; No. 32, 1918, s. 2.
1. This Act may be cited as the Bounties Procedure Act 1907-1966.*
BOUNTIES PROCEDURE ACT 1907-1966 - SECT. 2.
Definitions.
SECT
Substituted by No. 45, 1934, s. 2.
2. In this Act, unless the contrary intention appears-
''Application'' means an application made under any Act relating to the
payment of bounties for a declaration as to what wages and conditions of
employment are fair and reasonable for labour employed in the production of
goods in respect of which a bounty is payable;
''The Judge'' means a Judge of the Commonwealth Court of Conciliation and
Arbitration and includes the Chief Judge and any Commonwealth authority
established for the purpose of determining wages and conditions of
employment.
BOUNTIES PROCEDURE ACT 1907-1966 - SECT. 3.
Judge to be guided by equity and good conscience.
SECT
Cf. 1904, No. 13, s. 25.
Amended by No. 45, 1934, s. 2.
3. In the hearing and determination of any application the Judge shall act
according to equity good conscience and the substantial merits of the case,
without regard to technicalities or legal forms, and shall not be bound by any
rules of evidence, but may inform his mind on any matter in such manner as he
thinks just.
BOUNTIES PROCEDURE ACT 1907-1966 - SECT. 4.
Power to appoint assessors.
SECT
Cf. 1904, No. 13, s. 35. Sub-section (1) amended by No. 45, 1934, s. 2.
4. (1) The Judge may at any stage of the application appoint two assessors
for the purpose of advising him in relation to the subject matter of the
application or any matter in connexion therewith, and the assessors shall
discharge such duties as are directed by the Judge.
Amended by No. 45, 1934, s. 2.
(2) One of the assessors shall be a person nominated by the applicant, and
the other shall be a person nominated in the interests of the employees in
such manner as the Judge may direct.
Amended by No. 45, 1934, s. 2.
(3) If default is made in nominating either or both of the assessors as
required by the Judge, or if the persons appearing on the application consent,
the Judge may appoint an assessor or assessors without any nomination.
BOUNTIES PROCEDURE ACT 1907-1966 - SECT. 5.
Representation.
SECT
Amended by No. 45, 1934, s. 2.
5. On the hearing of any application no party shall (except by consent of
all the parties and by leave of the Judge) be represented by counsel or
solicitor.
BOUNTIES PROCEDURE ACT 1907-1966 - SECT. 6.
Power to issue orders to take evidence.
SECT
Cf. 1904, No. 13, s. 37.
Sub-section (1) amended by No. 45, 1934, s. 2.
6. (1) The Judge may issue an order to any person to take evidence on his
behalf in relation to any application and that person shall have all the
powers and be subject to all the duties of the Judge in relation to the
summoning of witnesses the production of books and documents and the taking of
evidence on oath or affirmation.
Amended by No. 45, 1934, s. 2; and No. 93, 1966, s. 3.
(2) No person taking evidence under this section shall disclose any evidence
relating to any trade secret or to the profits or financial position of any
witness or party except to the Judge.
Penalty: Two hundred dollars.
BOUNTIES PROCEDURE ACT 1907-1966 - SECT. 7.
Powers of Judge.
SECT
Cf. 1904, No. 13, s. 38.
Amended by No. 45, 1934, s. 2.
7. The Judge shall, as regards any application, have power-
(a) to refer any technical matters or matters of account to an expert, and
to accept his report as evidence;
(b) to summon any person as a witness, and to compel the production before
him of books documents and things for the purpose of reference to such entries
or matters only as relate to the application;
(c) to take evidence on oath or affirmation; and
(d) generally to give all such directions and do all such things as he
deems necessary or expedient in the premises.
BOUNTIES PROCEDURE ACT 1907-1966 - SECT. 8.
Contempt.
SECT
Cf. 1904, No. 13, s. 83.
Amended by No. 45, 1934, s. 2; and No. 93, 1966, s. 3.
8. No person shall, during the hearing of any application, wilfully insult
or disturb the Judge, or interrupt the proceedings on the application, or use
any insulting language towards the Judge or by writing or speech use words
calculated to improperly influence the Judge or any assessor or any witness or
to bring the Judge into disrepute, or be guilty in any manner of any wilful
contempt of the Judge.
Penalty: Two hundred dollars.
BOUNTIES PROCEDURE ACT 1907-1966 - SECT. 9.
Contempt by witness.
SECT
Cf. 1904, No. 13, s. 84.
Amended by No. 45, 1934, s. 2; and No. 93, 1966, s. 3.
9. No person who has been summoned to appear or who has appeared on any
application as a witness shall (without just cause the proof whereof shall lie
on him)-
(a) disobey the summons to so appear; or
(b) refuse to be sworn as a witness; or
(c) refuse to answer any question which he is required by the Judge to
answer; or
(d) refuse or fail to produce any books or documents which he is required
by the Judge to produce.
Penalty: Two hundred dollars.
Evidence as to trade secrets and financial position.
Cf. 1904, No. 13, s. 85.
Provided that no person shall be compelled to give any evidence relating to
any trade secret or to the profits or financial position of any witness or
party except to the Judge or to some person ordered by the Judge to take
evidence on his behalf in relation to any application.
No such evidence shall be disclosed or published in any way without the
consent of the person entitled to the trade secret or non-disclosure.
BOUNTIES PROCEDURE ACT 1907-1966 - SECT. 10.
Protection of witnesses.
SECT
Amended by No. 93, 1966, s. 3.
10. No person shall use, cause, inflict, or procure any violence,
punishment, damage, loss, or disadvantage to any person for or on account of
his having appeared as a witness on any application, or for or on account of
any evidence given by him on any application.
Penalty: One hundred dollars.
BOUNTIES PROCEDURE ACT 1907-1966 - SECT. 11.
Employers not to dismiss employees.
SECT
Amended by No. 93, 1966, s. 3.
11. No employer shall dismiss any employee from his employment on account of
the employee having appeared as a witness, or for or on account of any
evidence given by him on any application, or on account of any award or
declaration made in respect of any application.
Penalty: One hundred dollars.
Onus on employer.
In any proceeding for any contravention of this section it shall lie upon
the employer to show that the dismissed employee was dismissed for some reason
other than those mentioned in this section.
BOUNTIES PROCEDURE ACT 1907-1966 - SECT. 12.
Employee not to cease work.
SECT
Amended by No. 93, 1966, s. 3.
12. No employee shall cease to work in the service of an employer on account
of the employer having appeared as a witness, or on account of any evidence
given by him on an application, or on account of any award or declaration made
in respect of any application.
Penalty: Twenty dollars.
Onus on employee.
In any proceeding for any contravention of this section it shall lie upon
the employee, who has ceased to work in the service of the employer, to show
that he ceased so to work for some reason other than those mentioned in this
section.
BOUNTIES PROCEDURE ACT 1907-1966 - SECT. 13.
Intimidation of witnesses.
SECT
Amended by No. 93, 1966, s. 3.
13. No person shall, by any threat or detriment or disadvantage of any kind
whatsoever, or by any offer or promise or reward or advantage of any kind
whatsoever, induce or attempt to induce any other person to refrain from
giving evidence on any application.
Penalty: One hundred dollars.
BOUNTIES PROCEDURE ACT 1907-1966 - SECT. 14.
Judge may prohibit publication of evidence.
SECT
Sub-section (1) amended by No. 45, 1934, s. 2.
14. (1) The Judge if he sees fit may prohibit the publication of any
evidence given in relation to any application.
Amended by No. 45, 1934, s. 2; and No. 93, 1966, s. 3.
(2) No person shall publish any evidence the publication of which is
prohibited by the Judge.
Penalty: One hundred dollars.
BOUNTIES PROCEDURE ACT 1907-1966 - SECT. 15.
Powers of authority to whom application referred by Judge.
SECT
Amended by No. 45, 1934, s. 2.
15. Where an application is referred by the Judge to a Judge of the Supreme
Court of a State or to any person or persons who compose a State Industrial
Authority, the Judge or the person or persons who compose the State Industrial
Authority shall have all the powers and privileges and shall be subject to the
duties which are by this Act vested in or imposed upon the Judge.
BOUNTIES PROCEDURE ACT 1907-1966 - SECT. 16.
Power to make Regulations.
SECT
Cf. 1904, No. 13, s. 43.
Sub-section (1) amended by No. 45, 1934, s. 2.
16. (1) The Judge may, subject to the approval of the Governor-General, make
regulations prescribing the practice and procedure on applications, and
subject to such regulations the practice and procedure on any application
shall be as directed by the Judge.
Amended by No. 45, 1934, s. 2.
(2) Until such Regulations are made, the practice and procedure on any
application shall be as directed by the Judge.
(3) Regulations made under this section shall be deemed to be Statutory
Rules within the meaning of the Rules Publication Act 1903.
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BOUNTIES PROCEDURE ACT 1907-1966 - NOTE
NOTE
1. The Bounties Procedure Act 1907-1966 comprises the Excise Procedure Act
1907 as amended by the other Acts specified in the following table:
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Number Date of
Act and year Date of
Assent commencement
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Excise Procedure Act
1907 No. 1, 1908 18 Feb 1908 18 Feb 1908
Statute Law Revision Act
1934 No. 45, 1934 6 Aug 1934 6 Aug 1934
Statute Law Revision
(Decimal Currency) Act
1966 No. 93, 1966 29 Oct 1966 1 Dec 1966
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