Conciliation and Arbitration Regulations (Amendment) (Cth)

STATUTORY RULES

1967 No. 136

 

REGULATIONS UNDER THE CONCILIATION AND ARBITRATION ACT 1904-1966.*

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 1904-1966.

Dated this twenty-eighth day of September, 1967.

CASEY

Governor-General.

By His Excellency’s Command,

Nigel Bowen

Attorney-General.

Amendments of the Conciliation and Arbitration Regulations 

Parts.

1. Regulation 3 of the Conciliation and Arbitration Regulations is amended by inserting after the words—

“Division 3a.—Appeals from Courts of Marine Inquiry (Regulations 78-78h).”

the words—

“Division 3b.—Proceedings under the Trade Practices Act (Regulations 78j-78p).”.

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

“Division 3b.—Proceedings under the Trade Practices Act.

Definitions.

“78j. In this Division—

‘question of law’ means a question of law arising in proceedings before the Tribunal that is referred to the Court under section 66 of the Trade Practices Act;

‘the Trade Practices Act’ means the Trade Practices Act 1965-1967;

‘the Tribunal’ means the Trade Practices Tribunal.

 

* Notified in the Commonwealth Gazette on 1967.

  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; and 1967, No. .

6569/67—Price 8c 9/8.9.1967

 

References of questions of law.

“78k.—(1.) The reference to the Court of a question of law shall be in writing signed on behalf of the Tribunal by the presidential member presiding at the hearing of the proceedings in which it has arisen and shall set out—

(a) a statement that the question is referred to the Court by the Tribunal of its own motion, or on the application of a specified party to the proceedings, as the case may be;

(b) a precise statement of the question of law;

(c) full particulars of the matter in relation to which the question has arisen;

(d) any findings of fact that the Tribunal has made that appear to be relevant to the question;

(e) a short statement of any contentions of the parties in relation to the question;

(f) if relevant to the question, the terms of any determination or order proposed to be made by the Tribunal; and

(g)the names and addresses of the parties to the proceedings before the Tribunal.

“(2.) Where—

(a) a question of law is referred to the Court; and

(b)an order has been made under the Trade Practices Regulations directing that persons having a common interest in the proceedings in which the question of law has arisen be represented in those proceedings by a person specified in the order,

it is sufficient compliance with paragraph (g)of the last preceding sub-regulation in relation to such of those persons as are parties to the proceedings if the name and address of the person so specified only is set out.

“(3.) Where a question of law arises in proceedings before the Tribunal in relation to which a person has an address for service, the address to be set out in respect of that person in the reference of the question is that address.

“(4.) The reference shall be lodged with the Registrar by the party who instituted the proceedings in the Tribunal in which the question arose.

“(5.) When a reference has been lodged with the Registrar in pursuance of the last preceding sub-regulation, the Chief Judge, or the next senior Judge who is available, shall fix a time and place for the hearing of the question of law and the Registrar shall send, in accordance with any directions of the Chief Judge or other Judge, to each of the persons that the Chief Judge or other Judge specifies, notice of the time and place so fixed, together with a copy of the reference.

Prosecutions for offences under section 101 of the Trade Practices Act.

“78l. In relation to a prosecution for an offence against the Trade Practices Act, an information, warrant or other process or a conviction shall suffice if the offence is set out, as nearly as may be, in the words of that Act.

Civil proceedings for damages under the Trade Practices Act.

“78m. Proceedings under section 88 or section 90zg of the Trade Practices Act shall, so far as is practicable, be instituted and conducted in like manner as actions for damages in the High Court are instituted and conducted.

Injunctions under Part Xa. of the Trade Practices Act.

“78n.—(1.) An application for an injunction under section 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 in accordance with Form 23a calling on the proposed respondent to show cause why an injunction should not be granted.

“(3.) As soon as practicable after an order in accordance with the last preceding sub-regulation is made, the applicant shall file the order and the supporting affidavit with the Registrar.

“(4.) An order under sub-regulation (2.) of this regulation, together with a copy of the affidavit referred to in sub-regulation (1.) of this regulation, shall be served by the applicant on the respondent at least two clear days before the day fixed for the hearing of the application, unless the Court or Judge gives leave for shorter service.

“(5.) At the hearing of the application, unless the Court or Judge otherwise permits—

(a) any evidence shall be by affidavit; and

(b) the evidence in support of the application shall consist solely of the evidence set out in the affidavit referred to in sub-regulation (1.) of this regulation.

“(6.) Where the Court or Judge hearing an application permits further evidence to be given in support of the application, the permission may be given subject to such conditions, including conditions as to costs, as the Court or Judge thinks fit

Evidence in respect of lodgment or receipt or non-lodgment or non-receipt of documents.

“78p.—(1.) In this regulation—

‘the Clerk’ means the Clerk of Shipping Agreements holding office under Part Xa. of the Trade Practices Act;

‘the Commissioner’ means the Commissioner of Trade Practices and includes a person appointed to act as the Commissioner of Trade Practices.

“(2.) In any proceedings in the Court, a certificate under the band of the Clerk certifying that a specified fact in relation to the lodgment or receipt or non-lodgment or non-receipt of a document, or of a document of a specified description, appears from records kept in the office of the Clerk is evidence of that fact.

“(3.) In any proceedings in the Court, a certificate under the hand of the Commissioner certifying that a specified fact in relation to the lodgment or receipt or non-lodgment or non-receipt of a document, or of a document of a specified description, appears from records kept in the offices of the Commissioner is evidence of that fact.”.

Fees.

3. Regulation 164 of the Conciliation and Arbitration Regulations is amended by omitting sub-regulation (1.) and inserting in its stead the following sub-regulations:—

“(1.) Subject to the next succeeding sub-regulation, the fees to be demanded and paid in respect of matters under the Act or these Regulations, or otherwise in respect of proceedings in the Court, shall be those set out in the Third Schedule to these Regulations.

“(1a.) The fees to be demanded and paid in respect of proceedings under section 88 or section 90zg of the Trade Practices Act 1965-1967 shall be the fees that would be payable under the High Court Rules, as in force for the time being, if the proceedings were in the High Court.”.

 

First Schedule.

4. The First Schedule to the Conciliation and Arbitration Regulations is amended by inserting after Form 23 the following form:—

Form 23a. Regulation 78n.

ORDER TO SHOW CAUSE.

In the Commonwealth Industrial Court.

In the matter of the Trade Practices Act 1965-19

Between The Minister of State for

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 90r (or 90w) of the Trade Practices Act 1965-19 , to show cause why the said respondent should not be restrained from further contravening section 90p (or 90V) of that Act, upon the grounds appearing from the affidavit of sworn the day of  , 19 , and filed herein.

Dated this day of , 19

By the Court,

Judge.

 

By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra