Conciliation and Arbitration Regulations (Amendment) (Cth)
Statutory Rules
REGULATIONS UNDER THE CONCILIATION AND ARBITRATION ACT 1904.*
I,
THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice
of the Federal Executive Council, hereby make the following Regulations under
the
Dated this seventeenth day of March, 1977.
JOHN R. KERR
Governor-General.
By His Excellency’s Command,
A. A. STREET
Minister of State for Employment and Industrial Relations.
Amendments of the Conciliation and Arbitration Regulations
“ 136a. In regulations 136b, 136c and 136e, ‘ office ’ means an office specified in paragraph (a), (aa), (b) or (c) of the definition of ‘ office ’ in section 4 of the Act.
“ 136b. (1) An organization shall, before 1 July 1977, file with the Registrar in respect of each election for an office within the organization, being an election in respect of which nominations of candidates will be called for or may be made under the rules of the organization during a period that commences during the 6 months commencing 1 July 1977, a return containing the following information;—
(a) the name of the office:
(b) where the electorate consists only of members of a branch, section or other division of the organization—the name of the branch, section or division;
(c) where more than one office referred to in paragraph (a) bears the same name—the number of those offices; and
(d) the time and date of commencement and close of the period during which nominations of candidates will be called for or may be made under the rules of the organization in respect of the election.
*
Notified in the
Statutory Rules 1956, No. 60 as amended by Statutory Rules 1957, No. 78; 1958, Nos. 7 and 53; 1959, No, 19; 1960, No. 86; 1961, No. 123; 1963, No. 14; 1967, Nos.35 and 136; 1970, No. 162; 1971, Nos. 95 and 113; 1972, Nos. 6, 51, 107, 150 and 161; 1973, No. 225; 1974, Nos. 171, 185, 235 and 248; 1976, No. 187 and by Act No. 53 of 1970.
“ (2) Where nominations of candidates in respect of an election for an office within an organization will not be called for and will not be made under the rules of the organization during a period that commences during the 6 months commencing 1 July 1977, the organization shall, before that date, file with the Registrar a return stating that nominations of candidates will not be called for and will not be made under those rules during that period in respect of an election for an office within the organization.
“ (3) If there is a change in the matters referred to in a return filed with the Registrar by an organization under sub-regulation (2), being a change that occurs by reason that nominations of candidates in respect of an election for an office within the organization will be called for or may be made under the rules of the organization during the period referred to in that sub-regulation, the organization shall, not later than 21 days from and including the date of the change, file with the Registrar a return containing in respect of the election the information that organization would have been required to file with the Registrar if sub-regulation (1) had applied in relation to the organization in respect of the election.
“ (4) If there is a change in the matters referred to in a return filed with the Registrar by an organization under sub-regulation (1) or (3), the organization shall, not later than 21 days from and including the date of the change, file with the Registrar a return containing particulars of the change.
Penalty: $200.
“ 136c. (1) An organization shall, before 1 September in each year, file with the Registrar in respect of each election for an office within the organization, being an election in respect of which nominations of candidates will be called for or may be made under the rules of the organization during a period that commences during the year commencing 1 January immediately succeeding the first-mentioned year, a return containing the following information:—
(a) the name of the office;
(b) where the electorate consists only of members of a branch, section or other division of the organization—the name of the branch, section or division;
(c) where more than one office referred to in paragraph (a) bears the same name—the number of those offices; and
(d) the time and date of commencement and close of the period during which nominations of candidates will be called for or may be made under the rules of the organization in respect of the election.
“ (2) Where nominations of candidates in respect of an election for an office within an organization will not be called for and will not be made under the rules of the organization during a period that commences during a year commencing 1 January, the organization shall, before 1 September in the year immediately preceding the first-mentioned year, file with the Registrar a return stating that nominations of candidates will not he called for and will not be made under those rules during that period in respect of an election for an office within the organization.
“ (3) If there is a change in the matters referred to in a return filed with the Registrar by an organization under sub-regulation (2). being a change that occurs by reason that nominations of candidates in respect of an election for an office within the organization will be called for or may be made under the rules of the organization during the period referred to in that sub-regulation, the organization shall, not later than 21 days from and including the date of the
change, file with the Registrar a return containing in respect of the election the information that organization would have been required to file with the Registrar if sub-regulation (1) had applied in relation to the organization in respect of the election.
“ (4) If there is a change in the matters referred to in a return filed with the Registrar by an organization under sub-regulation (1) or (3), the organization shall, not later than 21 days from and including the date of the change, file with the Registrar a return containing particulars of the change.
Penalty: $200.
“ 136d. (1) In this regulation, ‘office’ means an office specified in paragraph (a) or (aa) of the definition of ‘office’ in section 4 of the Act.
“ (2) A return by an organization under regulation 136B or 136C shall be in writing signed by at least one person holding an office within the organization and shall set out, after the signature, the name of the office of each person who so signs the return.
“ 136e. (1) Subject to sub-regulation (3), where an organization has, in accordance with regulation 136b or 136c, filed with the Registrar a return in respect of an election, the Registrar shall cause to be published in a newspaper or newspapers, on the day referred to in sub-regulation (4), a notice setting out the information referred to in sub-regulation (2) and stating that the information was filed with the Registrar under regulation 136b or 136c, as the case may be.
“ (2) The information required under sub-regulation (1) to be published in respect of an election for an office within an organization is—
(a) the information contained in the return filed in respect of the election by the organization in accordance with sub-regulation 136b (1);
(b) the information contained in each return filed in respect of the election by the organization in accordance with sub-regulation 136b (3) or (4), as the case may be;
(c) the information contained in the return filed in respect of the election by the organization in accordance with sub-regulation 136c (1); and
(d) the information contained in each return filed in respect of the election by the organization in accordance with sub-regulation 136c (3) or (4), as the case may be.
“ (3) For the purposes of sub-regulation (1), if, before a notice is published setting out the information referred to in sub-regulation (2), the organization files a return under sub-regulation 136b (3) or (4) or 136c (3) or (4), the Registrar may, in the one notice to be published under this regulation, combine the information contained in the returns filed under regulation 136b or 136c, as the case may be.
“ (4) The notice required under sub-regulation (1) to be published in respect of an election for an office within an organization shall be so published—
(a) in the case of a notice setting out information contained in a return filed under regulation 136b relating to the 6 months commencing 1 July 1977—on Saturday 6 August 1977 or on a Saturday as soon as practicable after that Saturday:
(b) in the case of a notice setting out information contained in a return filed under regulation 136c relating to the 6 months commencing on 1 January in a year—on the first Saturday in October preceding that 1 January or on a Saturday as soon as practicable after that Saturday; or
(c) in the case of a notice setting out information contained in a return filed under regulation 136c relating to the 6 months commencing 1 July in a year—on the first Saturday in April in that year or on a Saturday as soon as practicable after that Saturday.
“ (5) The Registrar shall determine—
(a) the newspaper or newspapers in which a notice referred to in this regulation shall be published; and
(b) the form of the notice,
having regard to the likelihood that publication of the notice in that form in the newspaper or newspapers will bring the information contained in the notice to the attention of members of the organization to which the information relates.”.
“ (2) Access to the private box referred to in sub-regulation (1) shall be under the exclusive control of—
(a) persons authorized by the Australian Postal Commission for the purpose;
(b) the Returning Officer: and
(c) persons authorized in writing by the Returning Officer for the purpose.”.
(a) by inserting in sub-regulation (4) after the words “ returned to a ” the word “ specified ”, and
(b) by inserting after sub-regulation (4) the following sub-regulation;—
“ (4a) Access to the private box referred to in sub-regulation (4) shall be under the exclusive control of—
(a) persons authorized by the Australian Postal Commission for the purpose;
(b) the Returning Officer; and
(c) persons authorized in writing by the Returning Officer for the purpose ”.
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