Conciliation and Arbitration Regulations (Amendment) (Cth)
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 twenty-sixth day of August, 1976.
JOHN R. KERR
Governor-General.
By His Excellency’s Command,
A. A. STREET
Minister of State for Employment and Industrial Relations.
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Amendments of the Conciliation and Arbitration Regulations
(a) by omitting from sub-regulation (2) the words “ one month, nor more than three months ” and substituting the words “ 2 months, nor more than 6 months ”; and
(b) by omitting from sub-regulation (3) the words “ one month ” and substituting the words “ 2 months ”.
“ Part Vaa—Secret Postal Ballot
“ 146aa. In this Part, unless the contrary intention appears—
‘ election ’ means an election to which section 133aa of the Act applies, being an election for an office within an organization the rules of which do not provide for a secret postal ballot for that office;
‘ organization ’ includes a branch of an organization;
‘ Returning Officer ’ means —
(a) in relation to an election conducted under section 170 of the Act—the person who conducts the election: and
(b) in relation to any other election—the person appointed under the rules of the organization to conduct 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, Nos. 1 and 162; 1971, Nos. 95 and 113; 1972, Nos. 6, 51, 107, 150 and 161; 1973, No. 225; 1974, Nos. 171, 185, 233 and 248; and by Act No. 53 of 1970.
“ 146ab. Where in this Part provision is made in respect of matters relating to the conduct of an election for an office within an organization, the rules of the organization shall not apply in relation to those matters except to the extent to which those rules so apply by virtue of this Part.
“ 146ac. (1) The Returning Officer shall determine the times and dates of the commencement and close of the period for lodging nominations of candidates for election for an office having regard to—
(a) the date of expirationof the term of office of the holder of the office;
(b) the time required to lodge nominations;
(c) the time required to complete the election; and
(d) the provisions of the rules of the organization relating to the times and dates of the commencement and close of the period for lodging nominations in respect of the election.
“ (2) The Returning Officer shall determine the place for lodging nominations of candidates for election.
“ 146ad. (1) The Returning Officer shall, within the period of 21 days before the date of commencement of the period for lodging nominations of candidates for an election for an office within an organization, cause to be published in a newspaper or newspapers a notice setting out—
(a) the name of the organization;
(b) the title of the office;
(c) the form in which nominations arc to be made;
(d) the place for lodging nominations;
(e) the times and dates of the commencement and close of the period for lodging nominations,
and inviting nominations of persons, eligible for election for the office under the rules of the organization, to stand as candidates for election for the office.
“ (2) The Returning Officer shall, in respect of an election for an office within an organization, determine the newspaper or newspapers in which the notice referred to in sub-regulation (1) shall be published having regard to—
(a) the region to which the functions of the office relate;
(b) the provisions of the rules of the organization relating to the publication of notices inviting nominations of candidates for election to that office.
“ (3) Where the rules of an organization provide for a notice inviting nominations of candidates for election to be published in a manner other than in a newspaper, the Returning Officer, in addition to publishing the notice referred to in sub-regulation (1) in the manner provided by that sub-regulation, shall, if practicable, publish the notice referred to in that sub-regulation in the manner provided by those rules.
“ 146ae. (1) A person is not eligible for election for an office—
(a) where the rules of the organization provide for the nomination of a candidate for election for that office to be made in writing—unless the nomination is in accordance with the rules of the organization; or
(b) where those rules do not so provide—unless the nomination is in writing and is signed by the person and by the number of persons, qualified under those rules to nominate a candidate for that office, that is equal to the number of nominators (if any) that is required, under those rules, for a nomination for that office.
“ (2) Where the Returning Officer finds that a document lodged at the place and within the period determined by the Returning Officer under regulation 146ac and purporting to be the nomination of a person as a candidate for an election for an office within an organization is not a nomination in accordance with the provisions of sub-regulation (1), the Returning Officer shall, if practicable, give notice to the person, as soon as practicable, by telegram of the reasons why the document is not a nomination in accordance with those provisions and, where the person is eligible for election for the office under the rules of the organization, the Returning Officer shall, in the telegram, notify the person that his nomination as a candidate for the election may be lodged at that place—
(a) within a period of 7 days after the date of sending the telegram; or
(b) where, under the rules of the organization, a defective nomination may be remedied within a period of longer than 7 days after the close of the period for lodging nominations—within that longer period.
“ (3) A person is not eligible for election unless the nomination of the person as a candidate for election is lodged at the place determined by the Returning Officer under sub-regulation 146ac (2) and within the period for lodging nominations under sub-regulation 146ac (1), or under sub-regulation (2), whichever is applicable.
“ 146af. Where on the expiry of the period for lodging the nomination of a candidate for election for an office, only one candidate is nominated for election for the office, the Returning Officer shall declare under regulation 146ar that the candidate has been elected to that office.
“ 146ag. (1) The names and addresses of members of an organization who are entitled under the rules of the organization to vote in an election shall form the roll of voters for the election.
“ (2) The Returning Officer shall prepare a roll of voters who, on the fourteenth day before the date determined under sub-regulation 146aj (1) for the commencement of issuing ballot papers, are entitled to vote in the election.
“ (3) The Returning Officer shall add to the roll of voters referred to in sub-regulation (2) the names and addresses of persons who, after the day referred to in that sub-regulation, become entitled to vote in the election.
“ (4) The Returning Officer shall delete from the roll of voters referred to in sub-regulation (2) the names of persons who, after the day referred to in that sub-regulation, cease to be entitled to vote in the election.
“ (5) The Returning Officer shall, at the place where he carries out his functions as Returning Officer, make the roll of voters in an election for an office within an organization available for inspection by members of the organization, or by any person authorized by the Returning Officer, during the ordinary hours of business in the period that commences on the day referred to in sub-regulation (2) and ends on the day on which the result of the election is declared.
“ 146ah. The Returning Officer shall use, for the purpose of receiving ballot papers in respect of an election, a private box at a post office, being a private box used exclusively for that purpose.
“ 146aj. (1) Where more than one candidate is nominated for election for an office within an organization, the Returning Officer shall determine the date of commencement of issuing ballot papers and the time and date of the close of the ballot having regard to—
(a) the date of expiration of the term of office of the holder of the office:
(b) the time required to send and return ballot papers by post;
(c) the time required to complete the election; and
(d) the provisions of the rules of the organization relating to the times and dates of the commencement and close of the ballot in respect of the election.
“ (2) As soon as practicable after the date determined under sub-regulation (1) for the commencement of issuing ballot papers in respect of an election, the Returning Officer shall issue, by posting by prepaid post, to each person—
(a) whose name is on the roll of voters referred to in sub-regulation 146ag (2);
(b) whose name is, under sub-regulation 146ag (3), added to the roll; and
(c) whose name has not, before the issue of the ballot paper, been deleted from the roll under sub-regulation 146ag (4),
at the address shown on the roll, a ballot paper in a sealed envelope.
“ (3) Where in respect of an election the Returning Officer has, under sub-regulation (2), issued a ballot paper to a person whose name is, after the issue of the ballot paper, deleted from the roll of voters under sub-regulation 146ag (4), the person shall be deemed to be entitled to vote in the election.
“ (4) The envelope referred to in sub-regulation (2) shall bear an instruction that, if it is not delivered to the addressee, it should be returned to a private box at a post office other than the private box referred to in regulation 146ah.
“ (5) The envelope referred to in sub-regulation (2) shall contain—
(a) a ballot paper showing the time and date of the close of the ballot, being a ballot paper initialled by the Returning Officer or bearing a facsimile of those initials;
(b) an envelope addressed to the private box referred to in regulation 146ah, being an envelope that may be posted without expense to the voter;
(c) written instructions to the voter how to mark the ballot paper in order to record a formal vote in accordance with the rules of the organization; and
(d) any other document required for the conduct of the election.
“ (6) The ballot paper for an election for an office shall be in a form that is in accordance with the rules of the organization relating to the form of ballot paper for an election for that office or, where there is no such, or insufficient, provision, in accordance with a form determined, subject to sub-regulations (7) and (8), by the Returning Officer.
“ (7) Where the rules of an organization do not provide for the order in which the names of candidates for election for an office shall appear on the ballot paper for that election, the names shall appear in the alphabetical order of the surnames of the candidates or, in relation to candidates whose surnames are identical, in the alphabetical order of their Christian or given names.
“ (8) The Returning Officer shall include on the ballot paper instructions to the voter that are substantially in accordance with the following form:—
(a) do not put on the ballot paper any mark or writing by which you can be identified;
(b) fold the ballot paper in a manner that conceals the way in which it is marked;
(c) place the ballot paper in the envelope that is supplied and that is addressed to the Returning Officer;
(d) seal the envelope and post it to reach the Returning Officer before the time of the close of the ballot.
“ 146ak. (1) Where, on application before the time of the close of the ballot in an election, the Returning Officer is satisfied that a ballot paper or return envelope issued to a person whose name is on the roll of voters, has not been received or has been lost, destroyed or spoilt, he shall issue to that person a duplicate ballot paper, or return envelope, as the case may be.
“ (2) An application under sub-regulation (1) by a person for a duplicate ballot paper, or return envelope, for an election shall be in writing setting out the grounds on which the application is made and declaring that the person has not voted in the election and shall, if practicable, be accompanied by any evidence that is available of that non-receipt, loss, destruction or damage.
“ 146al. (1) Where the rules of an organization provide for compulsory voting in an election, the names on a copy of the roll of voters shall be numbered and the return envelope issued to each voter shall bear the number appearing on that copy of the roll against that voter's name.
“ (2) The copy of the roll of voters referred to in sub-regulation (1) shall, subject to section 169 of the Act, be kept in safe custody by the Returning Officer and shall not be made available for inspection under sub-regulation 146ag (5).
“ 146am. (1) The Returning Officer may, at any time before the close of the ballot for an election for an office within an organization, and shall, as soon as practicable after the time of the close of the ballot—
(a) place unopened into a container or containers envelopes, addressed to the private box referred to in regulation 146ah, received by him before the time of the close of the ballot;
(b) seal each of the containers;
(c) endorse on each of the containers—
(i) the name of the organization and the title of the office;
(ii) the words ‘ Ballot papers received from voters on or before the closing date ’;
(iii) his signature; and
(iv) the date of signing; and
(d) keep each of the containers in safe custody until the containers are opened in accordance with regulation 146an or 146ao
.
“ (2) The Returning Officer shall—
(a) place unopened into a container or containers envelopes, addressed to the private box referred to in regulation 146ah, received by him after the time of the close of the ballot for an election for an office within an organization;
(b) seal each of the containers,
(c) endorse on each of the containers—
(i) the name of the organization and the title of the office;
(ii) the words ‘ Ballot papers received from voters after the closing date ’;
(iii) his signature; and
(iv) the date of signing; and
(d) subject to section 159 of the Act, keep each of the containers in safe custody.
“ 146an. Where voting in an election is not compulsory, the Returning Officer shall, as soon as practicable after the time of the close of the ballot, open the sealed containers referred to in sub-regulation 146am (1), withdraw the ballot paper from each envelope and, without looking at the manner in which the ballot paper is marked, place each ballot paper in a ballot box, provided for the purpose, for scrutiny in accordance with regulation 146ap.
“ 146ao. (1) Where voting in an election is compulsory, the Returning Officer shall, as soon as practicable after the time of the close of the ballot, open the sealed containers referred to in sub-regulation 146am (1), examine the number appearing in accordance with sub-regulation 146al (1) on each return envelope, place a mark on the copy of the roll of voters referred to in sub-regulation 146al(1) against the name of the person to which that number relates and, subject to sub-regulation (2), place each envelope in a container, provided for the purpose, for further scrutiny.
“ (2) Where a mark has, under sub-regulation (1), been placed against a name on the copy of the roll of voters referred to in sub-regulation 146al (1), the Returning Officer shall not admit to further scrutiny any other envelope bearing the number placed against that name,
“ (3) As soon as practicable after placing in a container each of the envelopes admitted to further scrutiny under sub-regulation (1), the Returning Officer shall withdraw the ballot paper from each return envelope and, without looking at the manner in which the ballot paper is marked, place each ballot paper in a ballot box, provided for the purpose, for scutiny in accordance with regulation 146ap.
“ (4) The Returning Officer shall place into a container envelopes not admitted, under sub-regulation (2), to further scrutiny, seal the container and endorse on the container—
(a) the name of the organization and the title of the office;
(b) the words ‘ Envelopes not admitted to further scrutiny ’;
(c) his signature; and
(d) the date of signing,
and, subject to section 169 of the Act, keep the container in safe custody.
“ 146ap. (1) The Returning Officer shall open the ballot boxes in which, under regulation 146an or sub-regulation 146ao (3), ballot papers have been placed, withdraw each ballot paper and, after rejecting informal ballot papers—
(a) count the number of votes to ascertain which candidate is, under the rules of the organization, successful in the election for the office within the organization:
(b) place into a container or containers the ballot papers admitted as formal, seal each of the containers and endorse on each of the containers—
(i) the name of the organization and the title of the office;
(ii) the words ‘Ballot papers admitted as formal ’;
(iii) his signature; and
(iv) the date of signing;
(c) place into a container or containers the ballot papers rejected as informal, seal each of the containers and endorse on each of the containers—
(i) the name of the organization and the title of the office;
(ii) the words ‘ Ballot papers rejected as informal ’;
(iii) his signature; and
(iv) the date of signing; and
(d) subject to section 169 of the Act, keep each of the containers in safe custody.
“ (2) The Returning Officer shall reject as informal a ballot paper that—
(a) does not bear the initials of the Returning Officer or the facsimile of those initials that is referred to in paragraph 146aj(5) (a);
(b) has upon it a mark or writing by which the voter can be identified; or
(c) is not marked substantially in accordance with the instructions referred to in paragraph 146aj(5)(c).
“ (3) Where, during the scrutiny, the Returning Officer is informed by a scrutineer appointed under regulation 146aq that the scrutineer objects to a ballot paper being admitted as formal, or rejected as informal, as the case may be, the Returning Officer shall decide the matter and endorse his decision on the ballot paper.
“ 146aq. (1) Each candidate nominated for election may, in writing, appoint to be a scrutineer a person who is eligible, under the rules of the organization, to be a scrutineer in respect of that election, being a person other than a candidate, and may, in writing, appoint another such person to carry out the functions of scrutineer where the first-mentioned person does not carry out those functions.
“ (2) Subject to sub-regulation (3), a scrutineer appointed under this regulation may—
(a) be present while the Returning Officer carries out his functions under regulation 146am, 146an, 146ao or 146ap;
(b) direct the attention of the Returning Officer to any irregularity concerning the issue of ballot papers, the admission of any envelope to scrutiny, the admission of a ballot paper as formal, the rejection of a ballot paper as informal or the counting of the votes; and
(c) carry out any other functions of a scrutineer under the rules of the organization.
“ (3) Where a scrutineer appointed under this regulation—
(a) interrupts the scrutiny otherwise than in accordance with paragraph (2) (b) or (c); or
(b) fails to carry out a lawful request by the Returning Officer,
the Returning Officer may direct the scrutineer to leave the place where the scrutiny is being conducted.
“ (4) A scrutineer appointed under this regulation shall comply with a direction by the Returning Officer under sub-regulation (3).
Penalty: $100.
“ 146ar. (1) Where practicable, the Returning Officer shall, in accordance with the rules of the organization, declare the result of an election.
“ (2) Where it is not practicable for the Returning Officer to declare the result of an election under sub-regulation (1), the Returning Officer shall declare the result of the election by giving notice of the result in writing to the organization at its registered office.
“ (3) The Returning Officer shall, in the manner and at the time of declaring the result of an election under sub-regulation (1) or (2), as the case may be, declare in respect of the election—
(a) the number of ballot papers, other than duplicate ballot papers, issued;
(b) the number of duplicate ballot papers issued;
(c) the number of ballot papers admitted as formal; and
(d) the number of ballot papers rejected as informal.
“ 146as. (1) The Returning Officer, or a person taking a step in or in connexion with an election, may take such action and give such directions as he considers necessary in order to ensure the secrecy of the ballot and that no irregularities occur in or in connexion with the election or to remedy any inconsistency or inadequacy that arises in the application of the rules of an organization to the conduct of an election for an office within the organization.
“ (2) A person shall not—
(a) refuse or fail to comply with a direction given under sub-regulation (1); or
(b) obstruct or hinder—
(i) a person referred to in sub-regulation (1) in the performance of his functions in relation to an election or in the taking of any action under sub-regulation (1); or
(ii) any other person in the carrying out of a direction under sub-regulation (1).
Penalty: $500 or imprisonment for 6 months, or both.
“ (3) An election, or a step taken in or in connexion with an election, is, notwithstanding anything contained in the rules of an organization, not invalid by reason only of—
(a) an act done under this regulation; or
(b) an act done in compliance with a direction under this regulation.
“ 146at. An application by an organization for exemption from the application of section 133aaof the Act in respect of an election shall be in writing stating the grounds for the application for exemption and shall be accompanied by a copy of the rules of the organization.”.
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