Conciliation and Arbitration Regulations (Amendment) (Cth)

STATUTORY RULES

1971 No. 95

 

REGULATIONS UNDER THE CONCILIATION AND ARBITRATION ACT 1904-1970.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Conciliation and Arbitration Act 1904-1970.

Dated this sixteenth day of July, 1971.

Paul Hasluck

Governor-General.

By His Excellency’s Command,

Attorney-General.

 

Amendments of the Conciliation and Arbitration Regulations 

Injunctions under the Trade Practices Act.

1. Regulation 78n of the Conciliation and Arbitration Regulations is amended by omitting sub-regulations (1.) and (2.) and inserting in their stead the following sub-regulations:—

“(1.) Subject to the next succeeding regulation, an application for an injunction under section 90aa, 90r or 90w of the Trade Practices Act may be made to the Court or a Judge ex parte supported by an affidavit verifying the facts upon which the application is made.

“(2.) Upon such an application, the Court or Judge may make an order calling on the proposed respondent to show cause why an injunction should not be granted, being an order—

(a) in the case of an application under section 90aa—in accordance with Form 23b; or

(b) in the case of an application under section 90rr or 90w—in accordance with Form 23a.”.

Proceedings for damages and an injunction.

2. After regulation 78n of the Conciliation and Arbitration Regulations the following regulation is inserted:—

“78na.—(1.) An application for an injunction under section 90aa of the Trade Practices Act may be included as a claim in a writ instituting an action under section 88 of that Act for damages,

“(2.) Proceedings in an action referred to in the last preceding sub-regulation shall, as far as is practicable, be conducted in like manner as proceedings in the High Court claiming both damages and an injunction are conducted.”.

 

* Notified in the Commonwealth Gazette of 1971.

  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, Nos. 1 and 162 and Act No. 53 of 1970.

17039/71—Price 5c 10/7.7.1971

3. After Form 23a in the First Schedule to the Conciliation and Arbitration Form 23b Regulations the following Form is inserted:—

FORM 23b.

Regulation 78n.

ORDER TO SHOW CAUSE

In the Commonwealth Industrial Court

In the matter of the Trade Practices Act 1965-19.

Between

Applicant

and

Respondent

It is hereby ordered that the abovenamed respondent appear before the Commonwealth Industrial Court at in the State of on the day of , 19 , at o’clock in the noon on the hearing of an application by the abovenamed applicant for an injunction under section 90aa of the Trade Practices Act 1965-19 , to show cause why the said respondent should not be restrained from engaging in the practice of resale price maintenance in respect of the goods specified in the Schedule to this Order, upon the grounds appearing from the affidavit of sworn the day of , 19 , and filed herein.

THE SCHEDULE

DATED this day of , 19 .

By the Court,

Judge.

Printed by Authority by the Government Printer of the Commonwealth of Australia