Conciliation and Arbitration Act (No. 3) 1951 (Cth)

CONCILIATION AND ARBITRATION (No. 3).

 

No. 58 of 1951.

An Act to amend the Conciliation and Arbitration Act 1904-1950, as amended by the Conciliation and Arbitration Act (No. 2) 1951.

[Assented to 11th December, 1951.]

BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation.

1.—(1.) This Act may be cited as the Conciliation and Arbitration Act (No. 3) 1951.

(2.) The Conciliation and Arbitration Act 1904-1950, as amended by the Conciliation and Arbitration Act (No. 2) 1951, is in this Act referred to as the Principal Act.

(3.) Section one of the Conciliation and Arbitration Act (No. 2) 1951 is amended by omitting sub-section (3.).

(4.) The Principal Act, as amended by this Act, may be cited as the Conciliation and Arbitration Act 1904-1951.

Commencement.

2.This Act shall come into operation on the day on which it receives the Royal Assent.

Limitation of jurisdiction of Conciliation Commissioners.

3.Section thirteen of the Principal Act is amended by adding at the end thereof the following sub-section:—

“(2.) The last preceding sub-section does not prevent a Conciliation Commissioner from including in an order or award provisions for annual or other periodical leave with pay or sick leave with pay, being provisions to the same effect as provisions contained in an order or award which is superseded by the first-mentioned order or award.”.

 

Representation of parties.

4.Section forty-six of the Principal Act is amended by omitting sub-section (2.) and inserting in its stead the following sub-section:—

“(2.) In proceedings before the Court or a Conciliation Commissioner, a party shall not, except by leave of the Court or the Conciliation Commissioner, as the case may be, be represented by counsel, solicitor or paid agent.”.

Records to be kept and filed by organizations.

5. Section ninety-one of the Principal Act is amended by omitting paragraph (a) of sub-section (1.) and inserting in its stead the following paragraph:—

“(a) a register of its members, showing the name and postal address of each member;”.

6.After section ninety-one of the Principal Act the following section is inserted:—

Exemptions from certain requirements

“91a.—(1.) Where the Registrar is satisfied that the register of members of an organization, or the part or section of the register of members of an organization that relates to a branch of the organization, is maintained in such a form and manner that it would, for the purposes of the conduct of a ballot or election in pursuance of this Act, provide in a convenient form accurate particulars of the membership of the organization or of the branch, as the case may be, he may issue to the organization a certificate exempting the organization, wholly or in relation to the branch, from the application of the provisions of sub-sections (2.), (3.) and (5.) of the last preceding section.

“(2.) While a certificate under the last preceding sub-section is in force—

(a) if the certificate exempts the organization wholly—the provisions specified in that sub-section do not apply to the organization; or

(b) if the certificate exempts the organization in relation to a branch—those provisions apply as if the part or section of the register of members of the organization that relates to that branch did not form part of that register, and as if the members of that branch were not members of the organization.

“(3.) Where—

(a) it appears to the Registrar that the register, or the relevant part or section of the register, of members of an organization to which a certificate under this section has been issued is no longer maintained in such form and manner as to justify the continuance in force of the certificate; or

 

(b) such an organization refuses or fails to give to the Registrar information or facilities required by him for the purpose of deciding whether the exemption should be continued,

he may revoke the certificate and shall give notice in writing of the revocation to the organization.

“(4.) Where a certificate under this section in relation to an organization is revoked, the organization shall, within one month after the first quarter day (as defined by the last preceding section) next following the revocation of the certificate, or within such longer time as the Registrar allows, file with the Registrar a copy, as at that quarter day, of its register of members or. where the certificate was in relation to a branch, of the part or section of the register of its members that relates to that branch.

Penalty: Ten pounds for each week of default.

“(5.) For the purposes of sub-section (3.) of the last preceding section, the filing of a copy of a part or section of a register of members which is required by the last preceding sub-section to be filed shall be deemed to be the filing of a copy of the register of members.”.