Commonwealth Conciliation and Arbitration Regulations (Provisional) (Cth)

STATUTORY RULES.

1905. No. 23.

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PROVISIONAL REGULATIONS UNDER THE COMMONWEALTH CONCILIATION AND ARBITRATION ACT 1904.

I, THE GOVERNOR-GENERAL, in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby certify that, on account of urgency, the following Regulations under the Commonwealth Conciliation and Arbitration Act 1904 should come into immediate operation, and make the Regulations to come into operation forthwith as Provisional Regulations.

Dated this 5th day of April, One thousand nine hundred and five.

NORTHCOTE,

Governor–General.

By His Excellency’s Command,

J. H. SYMON.

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Interpretation.

1. In these Regulations unless some other meaning is clearly intended—

“The Act” means the Commonwealth Conciliation and Arbitration Act 1904;

“Application for registration” means an application for the registration of an association as an organization under the Act;

“Commissioner for Affidavits” means a person authorized under the law of the Commonwealth or of a State to take affidavits or declarations;

“Justice of the Peace” means a Justice of the Peace of the Commonwealth or part of the Commonwealth or of a State or part of a State;

“The Registrar” means the Industrial Registrar or a Deputy Industrial Registrar;

“Statutory declaration” means a statutory declaration made by virtue of any law of the Commonwealth or of a State authorizing a declaration to be made otherwise than in the course of a judicial proceeding.

Office Hours.

2. The Principal Registry and each District Registry shall be open on ordinary working days from 10 a.m. to 3 p.m., and on Saturdays from 10 a.m. to 12 noon.

Modifications of Conditions for Registration.

3. (1) Until a District Registry has been established in a State, the application for the registration of an association whose office is situated in that State, may (notwithstanding anything in Schedule B to the Act) be made to the Industrial Registrar at the Principal Registry.

(2) The Industrial Registrar shall keep a separate register book in respect of that State, and shall enter therein particulars of all registered organizations whose offices are situate in that State, and such organizations shall be deemed to be registered in that State.

(3) When a District Registry is established in that State, that register book shall be forwarded to the Deputy Industrial Registrar at the district registry so established, and shall be deemed the register of organizations registered at that registry.

Name of Registered Organization.

4. Notwithstanding anything in Schedule B to the Act, the name of a registered organization need not contain the name of the industry in connexion with which it is established, but the certificate of registration of an organization shall specify the name of the industry in connexion with which it is registered.

Application for Registration.

5. (1) The application for registration may be in Form 1 or Form 2 applicable to the case, and must be declared to by the applicants before the Registrar or a Justice of the Peace or a Commissioner for Affidavits.

(2) Each document accompanying the application for registration must be marked with the date of the declaring of the application and the signatures of the persons signing it, and of the Registrar, Justice, or Commissioner for Affidavits before whom it is declared.

(3) The application shall be lodged with the Registrar, and shall be accompanied by the prescribed fee, and the Registrar shall note thereon the date, and hour of its receipt.

Order in which Applications dealt with.

6. Applications for registration shall be dealt with as far as practicable in the order in which they are received.

Advertisement of Application.

7. The Registrar shall cause a notice in the Form 3 of the receipt of the application for registration to be advertised in the Gazette.

Objections to Registration.

8. (1) Any organization or person may, within thirty days after the advertisement of the notice of the receipt of the application for registration, lodge with the Registrar a notice of objection in Form 4 to the registration of the association.

(2) The grounds of objection shall be set out in the notice and shall be confined to one or more of the following grounds:—

(a)That the association is not an association capable of registration under the Act; or

(b)That the prescribed conditions for registration have not been complied with by the association; or

(c)That an organization to which the members of the association might conveniently belong has been registered in the State in which the application for registration is made.

(3) Particulars of the grounds must be given.

Evidence in Support of Objection.

9. The objector shall lodge with the notice of objection statutory declarations in support thereof and shall serve copies of the notice of objection and of the statutory declarations on the applicants.

Evidence in Reply.

10. Within fourteen days after service of the notice of objection the applicants may lodge with the Registrar statutory declarations in answer to the objection, and shall serve copies thereof on the objector.

Hearing.

11. The Registrar shall fix a day for hearing the objections, and shall give notice thereof to the objector and to the applicants. On the hearing the Registrar shall hear the parties if they are present and desire to be heard, and shall decide the matter.

Right of Applicants to be heard.

12. The Registrar shall not refuse to grant an application for registration until he has given to the applicants an opportunity of being heard in support of it.

Lodging of Adopted Rules.

13. Every association which has adopted rules in pursuance of power granted by the President shall lodge with the Registrar three copies of the rules so adopted, verified by statutory declaration, and a copy of the President’s order.

Certificate of Registration.

14. The certificate of registration of an association as an organization may be in the Form 5.

Application to Registrar to Apply for Cancellation of Registration of an Organization.

15. Every application to the Registrar to apply to the Court for the cancellation of the registration of an organization may be in the Form 6, and shall be filed with the Registrar, and shall be supported by a statutory declaration setting out the facts on which the applicant relies.

Returns of Members.

16. Each organization shall forward to the Registrar in the month of February in each year a return (in duplicate) setting out the number of its members, and where practicable the number in each State, and shall, when directed by the Registrar, forward to him two copies of the list of the members of the organization.

Returns of Officers.

17. Within fourteen days after any change takes place in the officers of any organization the organization shall forward to the Registrar a statement (in duplicate) of the change which has taken place and a complete list of the officers of the organization.

Alterations of Rules.

18. Within fourteen days after any alteration has been made in the rules of any organization the organization shall forward to the Registrar

three copies of the alterations of the rules, certified by the Secretary to be true copies of the alterations of the rules, and that the alterations were made in accordance with the rules of the organization.

Balance-sheet.

19. Once at least in every year a true statement showing the receipts and expenditure of the organization during the preceding year and the assets and liabilities of the organization at the date thereof shall be prepared (in duplicate) and signed by the Secretary or Treasurer and audited and signed by the Auditor, and shall be forwarded to the Registrar. The time when the statement shall be so made out and forwarded shall be within fourteen days after the periodical audit of the accounts of the organization, as provided for in its rules.

Inspection of Documents.

20. All documents lodged with the Registrar shall be open to public inspection during office hours on payment of the prescribed fees.

General Powers of Registrar.

21. (1) The Registrar shall have the following powers in relation to any application or proceeding before him, namely:—

(a) To adjourn any matter or hearing:

(b) To amend or give leave to amend any application, notice, or other document:

(c)To extend the time fixed by the Regulations for the lodging of any document or the doing of any act (whether that time has expired or not):

(d)To order any unsuccessful party to pay to the successful party such reasonable sum for costs as he thinks just.

(2) The above powers, if exercised on the application of a party, may be exercised on such terms, as to payment of fees and costs and otherwise, as the Registrar thinks just.

Recovery of Costs.

22. The costs allowed by the Registrar shall be a debt due by the unsuccessful party to the successful party, and may be sued for and recovered by him in any Commonwealth or State Court of competent jurisdiction.

Advice of Registration.

23. Each Deputy Industrial Registrar shall forthwith after the registration of any association as an organization forward to the Industrial Registrar, at the Principal Registry, and advice in Form 7 of the registration of the organization, and one copy of the list of members of the association, one copy of the rules of the association, and one copy of the resolution desiring registration of the association as an organization; and the Industrial Registrar shall thereupon enter in the Register of Organizations kept by him particulars of the registration of the association.

Copies of Returns.

24. Each Deputy Industrial Registrar shall forward to the Industrial Registrar at the Principal Registry one copy of all returns, alterations of rules, and notices of change in the registered office of an organization, received by him.

Copies of Documents.

25. Any person may, on application to the Registrar, and on payment of the prescribed fee, obtain an office copy or a certified copy of any document lodged with him.

Fees.

26. (1) The following fees shall be paid to the Registrar in respect of matters under the Act and Regulations: —

£	s.	d.
On lodging application for registration........................................................	0	5	0
On lodging notice of objection to registration..............................................	0	5	0
On lodging each declaration.......................................................................	0	1	6
On every application to the Registrar to adjourn or to amend or give leave to amend a document or to extend any time.............................................................	0	5	0
On every written order by the Registrar......................................................	0	5	0
On the registration of an association as an organization...............................	2	0	0
For inspection of documents—for each half-hour........................................	0	1	0
For copies of documents—per folio of 72 words.........................................	0	0	3
For certifying any copy of a document........................................................	0	5	0

(2) The fees payable under these Regulations are to be paid in advance, and the Registrar may refuse to receive or issue any document or to do any act in respect of which a fee is payable until the fee is paid.

Service by Post.

27. Service of any document under these Regulations may be effected by post, and service shall be deemed to be effected by properly addressing, prepaying, and posting the document as a letter, and unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post.

Lodging of Documents with the Registrar.

28. Where the Regulations require any document to be lodged with the Registrar, the document shall be left with or sent by post to him.

Forms.

29. References to forms in these Regulations are to the forms in the Schedule, which forms may be used where applicable. Strict compliance with the forms in the Schedule shall not be necessary, and the Registrar shall have power to permit the use of any form which, in his opinion, substantially complies with the Regulations.

Offences.

30. Any person who wilfully makes any false statement in any document lodged or filed with the Registrar shall be guilty of an offence, and liable, on summary conviction, to imprisonment with or without hard labour for any term not exceeding six months. Nothing in these Regulations shall relieve any person from any punishment to which he may be liable under the laws of the Commonwealth or of a State.

Repeal.

31. The Provisional Regulations under the Act made on the 26th day of January, 1905 (Statutory Rules 1905, No. 12), are hereby repealed, save as to anything lawfully done thereunder.

Form 1.

THE SCHEDULE.

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Commonwealth of Australia.

The Commonwealth Conciliation and Arbitration Act 1904.

APPLICATION FOR THE REGISTRATION OF AN ASSOCIATION OF EMPLOYERS AS AN ORGANIZATION.

We [here set out names in full, addresses, and occupations of applicants]hereby make application for the registration of an association called [here set out the name of the association]as an organization of employers under the Commonwealth Conciliation and Arbitration Act 1904, and we declare as follows:—

1. That the said association is an association of employers in or in connexion with the [here set out name of industry]who have in the aggregate throughout the six months next preceding the date of this application employed on an average taken per month not less than one hundred employés in that industry.

2. That the copies of the lists of members and officers of the association accompanying this application are true and correct copies of the lists of the members and officers of the association.

3. That the copies of the rules of the association accompanying this application are true and correct copies of the rules of the association.

4. That on the day of 19 [here set out a resolution was passed by a majority of the members present at a general meeting of the association specially called in accordance with the rules for that purpose only, desiring registration of the association as an organization or a resolution by the Committee of Management of the said association was passed by an absolute majority of the Committee desiring registration of the association as an organization] and that copies of that resolution accompanying this application are true and correct copies thereof.

5. That we the applicants are officers of the association, and are authorized to make this application.

And we make this application conscientiously believing the statements therein to be true.

Signatures of Applicants—

* Declared before me at the day of 190

Note.—To be addressed to the Industrial Registrar or to the Deputy Industrial Registrar as the case requires setting out the Registry at which it is to be filed.

* To be made before the Registrar or a Justice of the Peace, or a Commissioner for Affidavits.

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Form 2.

Commonwealth of Australia.

The Commonwealth Conciliation and Arbitration Act 1904.

APPLICATION FOR THE REGISTRATION OF AN ASSOCIATION OF EMPLOYEES AS AN ORGANIZATION.

We [here set out names in full, addresses, and occupations of applicants]hereby make application for the registration of an association called [here set out the name of the association]as an organization of employés under the Commonwealth Conciliation and Arbitration Act 1904, and we declare as follows:—

1: That the said association is an association of employees in or in connexion with the [here set out name of industry].

2. That the number of employés in or in connexion with the said industry who are members of the association is not less than one hundred.

3. That the copies of the lists of members and officers of the association accompanying this application are true and correct copies of the lists of the members and officers of the association.

4. That the copies of the rules of the association accompanying this application are true and correct copies of the rules of the association.

5. That on the day of 19 [here set out a resolution was passed by a majority of the members present at a general meeting of the association specially called in accordance with the rules for that

purpose only, desiring registration of the association as an organization or a resolution by the Committee of Management of the said association was passed by an absolute majority of the Committee desiring registration of the association as an organization] and that the copies of that resolution accompanying this application are true and correct copies thereof.

6. That we, the applicants, are officers of the association, and are authorized to make this application.

And we make this application conscientiously believing the statements therein to be true.

Signatures of Applicants—

* Declared before me at the day of 19

Note.—To be addressed to the Industrial Registrar or the Deputy Industrial Registrar as the case requires setting out the Registry at which it is to be filed.

* To be made before the Registrar or a Justice of the Peace, or a Commissioner for Affidavits.

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Form 3.

[Principal or District] Registry,

[Place and Date].

Notice is hereby given that application has been made to me under the Commonwealth Conciliation and Arbitration Act 1904 for the registration of an association called [here set out name of association] as an organization of [here set out employers or employés, as the case may be]in connexion with the [here set out name of industry]industry. Any person who desires to object to the registration of the association may do so by lodging with me a notice of objection in the prescribed form and statutory declarations in support thereof within thirty days after the publication of this advertisement, and by serving on the association copies of the notice of objection and statutory declarations so lodged.

Industrial Registrar or District Registrar, as the case may be.

Form 4.

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Commonwealth of Australia

The Commonwealth Conciliation and Arbitration Act 1904.

NOTICE OF OBJECTION TO THE REGISTRATION OF AN ASSOCIATION AS AN ORGANIZATION.

Take notice that [here set out name of objecting organization or person and its or his address and his occupation] object to the registration of [here set out the name of association applying for registration]as an organization under the above Act on the following grounds, namely:—

(a)That the association is not an association capable of being registered under the Act in that [here set out the particulars]:

(b)That the prescribed conditions for registration have not been complied with by the association in that [here set out the particulars]: and

(c) That an organization namely [here set out the name of the organization] to which the members of the association might conveniently belong has been registered in the State of

under the said Act.

Dated the day of 19

Signature of Objector.

To the (Industrial Registrar, or Deputy Industrial Registrar, as the case requires.)

Note.—Any ground not applicable may be struck out. Where the objector is an organization the objection must be under the seal of the organization or the hands of at least two officers authorized to sign the notice of objection.

Form 5.

Commonwealth of Australia.

The Commonwealth Conciliation and Arbitration Act 1904.

CERTIFICATE OF REGISTRATION OF AN ASSOCIATION AS AN ORGANIZATION OF (EMPLOYERS OR EMPLOYEES, AS THE CASE MAY BE).

I [here set out name and title of Registrar] hereby certify that on the day of One thousand nine hundred and an association called [here set out name of the association]was in the State of  registered by that name under the Commonwealth Conciliation and Arbitration Act 1904 as an organization of [here set out employers or employés, as the case may be] in connexion with the [here set out name of industry].

Dated at in the State of this day of 19 .

Industrial Registrar or Deputy Industrial Registrar, as the case requires.

Form 6.

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Commonwealth of Australia.

The Commonwealth Conciliation and Arbitration Act 1904.

APPLICATION TO THE REGISTRAR TO APPLY TO THE COURT FOR THE CANCELLATION OF THE REGISTRATION OF AN ORGANIZATION.

Application is hereby made by [here set out names of organization or person and its or his address and his occupation]to you to apply to the Commonwealth Court of Conciliation and Arbitration for the cancellation of the registration of an organization called [here set out name of organization]which is registered under the above Act in the State of [here set out name of State]as an organization of [here set out employers or employés, as the case may be] in connexion with the [here set out name of industry] industry.

The grounds upon which this application is founded are as follows:—[Here set out grounds in numbered paragraphs].

Dated the day of 19 .

Signature—

Note.—To be addressed to the Industrial Registrar or a Deputy Industrial Registrar, and to be signed by the applicant, or, where the applicant is an organization to be under the seal of the organization or the hands of two of its officers, who are authorized to sign the application.

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Form 7.

Commonwealth of Australia.

District Registry,

, 19 .

Sir,

I have the honour to inform you that I have registered an association called the [here set out name of association] as an organization under the Commonwealth Conciliation and Arbitration Act 1904, according to the particulars set out below, and I forward herewith a copy of the list of members and officers of the association, one copy of the rules of the association, and one copy of the resolution desiring registration of the association as an organization.

Particulars.

Registered number of organization—

Date of registration—

Name of organization—

Employers or employés—

Name of industry—

State—

Situation of office—

I have the honour to be,

Sir,

Your obedient servant,

Deputy Industrial Registrar.

The Industrial Registrar,

Principal Registry, Melbourne.

 

By Authority: Robt. S. Brain, Government Printer, Melbourne.