Conciliation and Arbitration Regulations (Amendment) (Cth)

STATUTORY RULES

1970 No. 162

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 twenty-seventh day of October, 1970.

 

Paul Hasluck

Governor-General.

By His Excellency’s Command,

Attorney-General and for and on behalf of the Minister of State for Labour and

National Service.

AMENDMENTS OF THE CONCILIATION AND ARBITRATION REGULATIONS 

Notifications under section 109a of the Act.

1. Regulation 41a of the Conciliation and Arbitration Regulations is repealed.

Procedure under section 109 (1.) (b). 140, 141, 143(1.) or 150.

2. Regulation 70 of the Conciliation and Arbitration Regulations is amended—

(a) by omitting from sub-regulation (1.) the words “(a) or”; and

(b) by omitting sub-regulation (2a.).

Restriction on costs in relation to applications under section 109 of this Act.

3. Regulation 96a of the Conciliation and Arbitration Regulations is repealed.

Fees for Counsel.

4. Regulation 96b of the Conciliation and Arbitration Regulations is amended—

(a) by omitting from sub-regulation (1.) the words “to which this regulation applies” and inserting in their stead the words “ under section 119 of the Act”; and

(b) by omitting sub-regulation (2.).

Amounts allowable.

5. Regulation 98 of the Conciliation and Arbitration Regulations is repealed and the following regulation inserted in its stead:—

“98. Where costs are to be taxed, there may be allowed, in addition to any other amount properly allowable—

(a) in respect of a matter referred to in an item in Part I. of the Second Schedule to these Regulations, a sum ascertained in accordance with the item;

* Notified in the Commonwealth Gazette on  1970.

 Statutory Rules 1956, No. 60, as amended to date. For previous amendments of the Conciliation and Arbitration Regulations, see footnote to Statutory Rules 1970, No, 1, and see also Statutory Rules 1970, No. 1; and Act No. 53 of 1970.

7088/67—Price 8c 10/25.8.1970

 

(b) witnesses’ expenses in accordance with the provisions of Part II. of that Schedule; and

(c) the amount of Court fees paid by the party in whose favour the order has been made.”.

Definitions.

6.—(1.) Regulation 99 of the Conciliation and Arbitration Regulations is amended by omitting the words “ (a) or ”.

(2.) Notwithstanding the amendment effected by the last preceding subregulation, Division 6 of Part III. of the Conciliation and Arbitration Regulations, as amended by these Regulations, applies to a judgment or order of the Court imposing a penalty in respect of a contempt of the Court consisting of a failure to comply with an order of the Court made under paragraph (a) or (b) of sub-regulation (1.) of section 109 of the Conciliation and Arbitration Act 1904-1969, being a penalty imposed before the commencement of the Conciliation and Arbitration Act 1970, as if the judgment or order were an order of the Court imposing a penalty in respect of contempt of the Court within the meaning of that Division.

First Schedules.

7. The First Schedule to the Conciliation and Arbitration Regulations is amended by inserting in Form 21, before the words “ to answer”, the words ‘at o’clock in the noon ”.

Second and Third Schedules.

8. The Second and Third Schedules to the Conciliation and Arbitration Regulations are repealed and the following Schedules inserted in their stead:—

“SECOND SCHEDULE. Regulations 9B.

PART I—COSTS.

1. Drawing a document (including & bill of costs), per folio...............................................

$

0.30

2. Engrossing a document, per folio......................................................................................

0.12

3. Carbon or machine-made copies or copies that could have been, but were not, made when the original was made, per folio.............................................................................................

0.07

4. Service of any document (in addition to mileage where chargeable)—

(a) personal service by solicitor his clerk on a party.....................................................

1.60

(b) service by post or on solicitor for a party or at filed address for service..................

0.80

5. Attendance at Court, per day, not exceeding.....................................................................

6.00

6. Attendance on taxation of costs, for each hour or part of an hour

3.15

Part II.—Witnesses’ Expenses.

1. In respect of a witness called because of his professional, scientific or other special skill or knowledge—a sum of not less than $10.50, or more than $52.50, for each day on which the attends the court for the purpose of giving evidence.

2. In respect of any other witness—

(a) if he is remunerated by wages, salary or fees—

(i) a sum equal to the amount of wages, salary or fees lost by him by reason of his appearing as a witness before the court; or

(ii) a sum of $16.00 for each day on which he attends the court for tits purpose of giving evidence.

whichever is the lesser sum; or

(b) if he is not so remunerated—a sum of $6.00 for each day on which he so attends.

3. A reasonable amount for the costs of conveyance to and from the place where he attends to give evidence, a reasonable amount for sustenance and, if he is required to be absent overnight from his usual place of residence, a reasonable amount for accommodation.

4. In respect of a witness called to give expert evidence—a reasonable amount for qualifying to give evidence.

 

“THIRD SCHEDULE. Regulations 39, 63 and 164.

FEES PAYABLE AT REGISTRAR’S OFFICE.

Item No.	Matter	Amount of Fee
1.	For search or inspection of documents (other than awards or orders).......................	$ 0.20
2.	On filing (and subsequent issue) of an application (other than an application under section 45b of the Navigation Act 1912-1970) for hearing by the Commission......................	0.50
3.	On filing (and subsequent issue) of an application or summons for hearing by the Court	0.50
4.	On obtaining and filing a rule nisi or writ..............................................................	0.50
5.	On filing an appeal for hearing by the Court or the Commission, other than an appeal referred to in item 8..........................................................................................................	0.50
6.	On filing an application under section 134 of the Act.............................................	1.00
7.	On filing (and subsequent issue) of an application under section 45a of the Navigation Act 1912-1970 including the affidavit in support thereof..................................................	0.20
8.	On filing an appeal under section 37 of the Stevedoring Industry Act 1956-1966......	0.20
9.	On filing (and subsequent issue) of a summons to witness......................................	0.20
10.	For obtaining and filing an order...........................................................................	0.20
11.	On filing a notice to a person to appear as a party to an industrial dispute................	0.50
12.	On lodging or filing a declaration or affidavit (except an affidavit in support of an application under section 45b of the Navigation Act 1912-1970)..........................................	0.20
13.	For obtaining a certificate of the Registrar (other than on office copied of documents)	0.20
14.	For publication of an advertisement.......................................................................	Actual cost
15.	On renewing a writ of execution...........................................................................	0.50
16.	For taxing costs....................................................................................................	1.00
17.	On filing a bill of costs.........................................................................................	0.50
18.	For service of a document (plus mileage fee, for each mile after the first mile—20 cents)	1.25
19.	On lodging an application, and filing the declaration in support of the application, for registration of an organization, for change of name or conditions of eligibility for membership of an organization, or for change of description of industry in connexion with which it is registered.......................................................................................................................	2.00
20.	On lodging a notice, and filing the declaration in support of the notice, of objection to an application for registration of an organization, for change of name or conditions of eligibility for membership or for change of description of industry in connexion with which it is registered........................................................................................................	2.00
21.	On filing on application under section 144 of the Act.............................................	0.50
22.	For registering and issuing of a certificate of registration of an association as an organization.......................................................................................................................	4.20
23.	For issuing a duplicate or office copy of a certificate of registration of an organization	1.00
24.	On filing an industrial agreement..........................................................................	0.50
25.	For office copies of documents (other than official printed copies of awards or orders) prepared by the applicant—per folio (including certificate of Registrar)........................... but with a maximum fee of S2.00 for one copy and a maximum fee of 50 cents for each additional copy...............................................................................................	0.07
26.	For office copies of documents prepared by the Registrar—per folio (including certificate of Registrar)— for one copy................................................................................	0.12
for additional copies........................................................................................	0.05
27.	For office copies of awards or orders if official printed copy is provided by the applicant (including certificate of Registrar)....................................................................	0.50
28.	For the preparation by the Registrar of an award or order for settlement (including any necessary notices and typing)..........................................................................................	4.20
29.	On filing a document (other than a notification under section 28 or section 109a of the Act) for which no other fee is provided.........................................................................	0.20”.

Additional amendments.

9. The Conciliation and Arbitration Regulations are amended as set out in the Schedule to these Regulations.

THE SCHEDULE Regulation 3.

Amendments Relating to Decimal Currency

Provisions amended—	Omit—	Insert—
Regulation 131...................	Ten pounds	Twenty dollars
Regulation 138f(2.)............	One thousand pounds	Two thousand dollars
Regulation 140(1.)..............	One hundred pounds	Two hundred dollars
Regulation 146(1.)..............	One hundred pounds	Two hundred dollars
Regulation 166(1.)..............	Three pounds three shillings	Six dollars thirty cents
Six pounds six shillings	Twelve dollars sixty cents
Two pounds fifteen shillings	Five dollars fifty cents
Regulation 166(2.)..............	Three pounds three shillings	Six dollars thirty cents
Regulation 167(1.)(a)..........	Three pounds three shillings	Six dollars thirty cents
Regulation 167(1.)(b)..........	Two pounds fifteen shillings	Five dollars fifty cents
Regulation 168...................	Two pounds	Four dollars
Regulation 170(1.)..............	Ten pounds	Twenty dollars
Regulation 170(2.)..............	Ten pounds	Twenty dollars
First Schedule, Form 24......	£	$
£ s. d.	$

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