Conciliation and Arbitration Amendment Act (No. 2) 1976 (Cth)
An Act to amend the
BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:—
(2) The
(a) by omitting from sub-section (1) the definition of “Direct voting system” and substituting the following definitions:—
“‘Collegiate electoral system in relation to an election for an office in an organization, means a method of election comprising a first stage, at which persons are elected to a number of offices by a direct voting system, and a subsequent stage or subsequent stages at which persons are elected by and from the persons elected at the next preceding stage;
‘Direct voting system’, in relation to an election for an office in an organization, means a method of election at which all financial members, or all financial members included in such branch, section or other division, or in such class, as is appropriate, having regard to the nature of the office, are, subject to reasonable provisions with respect to enrolment, eligible to vote;”;
(b) by omitting paragraphs (d) and (e) of the definition of “Office”, in sub-section (1) and substituting the following paragraph:—
“(d) every office within the organization or branch for the filling of which an election is required to be conducted within the organization or branch;”;
(c) by adding at the end of sub-section (1) the following definition:—
“‘One-tier collegiate electoral system’ means a collegiate electoral system comprising only one stage after the first stage.”; and
(d) by adding at the end thereof the following sub-section:—
“(5) For the purposes of the application of the definition of ‘ collegiate electoral system ’ in sub-section (1) in relation to an election for an office in an organization, an electoral system that otherwise complies with that definition shall be deemed to comply with that definition notwithstanding that the persons comprising a body of persons by and from whom persons are elected at any stage subsequent to the first stage include persons (not exceeding in number 15 per centum of the total number of the body) who are the holders of offices entitling the holders to membership of that body (which may include the office to which the election relates) but are not members of that body by virtue of an election in accordance with that definition, being persons each of whom has held such an office (whether the one office or not) at all times since being elected to such an office under a collegiate electoral system, or a direct voting system, as defined in sub-section (1).”.
(a) by omitting paragraph (a) of sub-section (1) and substituting the following paragraph: —
“(a) shall provide for the election of the holder of each office within the association or organization either by—
(i) a direct voting system; or
(ii) a collegiate electoral system being, in the case of an office the duties of which are of a full-time nature, a one-tier collegiate electoral system; ”;
(b) by omitting sub-section (1a);
(c) by omitting sub-sections (3), (4), (4a) and (4b) and substituting the following sub-sections:—
“ (3) An organization that became registered before the date of commencement of this Act is allowed a period of 2 years after that date, or such longer period as the Industrial Registrar determines, within which to bring its rules into conformity with the requirements of paragraph (a) of sub-section (1).
“(4) If the rules of an organization to which sub-section (3) applies do not, at the expiration of the period allowed by that sub-section, in the opinion of the Industrial Registrar, conform, so far as they relate to an office referred to in that sub-section, with the requirements of paragraph (a) of sub-section (1), the Industrial Registrar may, after inviting the organization to consult with him on the matter, determine such alterations of the rules as will, in his opinion, bring them, so far as they relate to that office, into conformity with those requirements.
“ (4a) If, at the commencement of this sub-section, the rules of an organization do not, in the opinion of the Industrial Registrar, comply with the requirements of paragraph (b), (c), (d), (e) or (f) of sub-section (1), the Industrial Registrar may, after inviting the organization to consult with him on the matter, determine such alterations of the rules as will, in his opinion, bring them into conformity with those requirements.
(d) by omitting from sub-section (4c) the words “Notwithstanding sub-sections (3) and (4), an association which was registered as an organization on” and substituting the words “An organization that was registered at”; and
(e) by omitting from sub-section (5) the words “sub-section (4), (4b) or (4d)” and substituting the words “ sub-section (4), (4a) or (4d)”.
“(7) Where—
(a) a scheme to be approved under this section will involve provision for an election for an office in the organization concerned; and
(b) the rules of the organization in force, or purporting to be in force, provide, in respect of that office, for—
(i) a collegiate electoral system, or an electoral system which, although it is not a ‘collegiate electoral system’ as defined in section 4, is of a similar nature; or
(ii) a direct voting system, or a voting system which, although it is not a ‘direct voting system’ as defined in section 4, is of a similar nature,
the Court shall not, in proceedings under this section, where sub-paragraph (i) of paragraph (b) applies, approve a scheme that provides for an election for that office otherwise than under a collegiate electoral system or, where sub-paragraph (ii) of paragraph (b) applies, approve a scheme that provides for an election for that office otherwise than under a direct voting system, or in either case a scheme that departs from the provisions of those rules to a greater extent than the Court is satisfied is necessary having regard to the requirements of this Act.”.
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