Conciliation and Arbitration Regulations (Amendment) (Cth)

STATUTORY RULES.

1959. No. 19.

 

REGULATIONS UNDER THE CONCILIATION AND ARBITRATION ACT 1904-1958.*

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 1904-1958.

Dated this 6th day of March, 1959.

Governor-General.

By His Excellency’s Command,

Minister of State for Labour and National Service.

 

Amendments of the Conciliation and Arbitration Regulations. 

1.—(1.) After regulation 138 of the Conciliation and Arbitration Regulations, the following regulations are inserted:—

Manner of cancellation of registration.

“138a. The cancellation of the registration of an organization under sub-section (3g.) of section 143 of the Act shall be by instrument under the hand of the Registrar.

Cancellation of registration where membership insufficient

“138b.—The Registrar shall not cancel the registration of an organization on the ground specified in paragraph (a) of sub-section (3g.) of section 143 of the Act unless he has given the organization an opportunity of making submissions in writing with a view to satisfying him that the registration of the organization is not liable to cancellation on that ground or that it is not appropriate that the registration should be so cancelled, and an opportunity, if the organization so desires, of being heard in support of its submissions.

Cancellation of registration of defunct organizations.

“138c.—(1.) Where the Registrar, after making inquiries by letters sent by post—

(a) to an organization at its registered office; and

(b)to each of the members of the committee of management of the organization as last known to him at their respective postal addresses as last known to him,

has reason to believe that the organization is defunct, he may publish in the Gazette a notice stating that—

(c) subject to consideration of any objections lodged in accordance with the notice, the registration of the organization will, at the expiration of one month from the date of publication of the notice, be cancelled on the ground that the organization is defunct; and

* Notified in the Commonwealth Gazette on , 1959.

  Statutory Rules 1956, No. 60, as amended by Statutory Rules 1957, No. 78; and 1958, Nos. 7 and 53.

8495/58.—Price 3d. 9/10.2.1959.

(d)a person who desires to show cause why the registration of the organization should not be cancelled may lodge with the Registrar, within one month after the date of publication of the notice, a notice of objection.

“(2.) The Registrar shall not cancel the registration of an organization on the ground that the organization is defunct unless—

(a)he has published a notice in accordance with the last preceding sub-regulation; and

(b)he is satisfied, after giving to every person who has lodged a notice of objection in accordance with that notice and appears to the Registrar to be entitled to be heard in the matter an opportunity of being heard in support of his objection, that the organization is defunct.

Requests by organizations for cancellation of registration.

“138d.—(1.) An organization may request that its registration be cancelled where—

(a) arrangements have been made in accordance with which—

(i) the members of the organization may, without payment of an entrance fee, become members of another organization or of an association that has applied for registration; and

(ii) the property of the organization is to be transferred to, and the debts and obligations of the organization are to be satisfied by, the other organization or the association;

(b)a resolution authorizing the dissolution or winding-up of the organization has been passed in accordance with the rules of the organization or otherwise in accordance with law;

(c) the making of a request for the cancellation of the registration of the organization has been approved by a majority of the members of the organization voting at a ballot of the members taken in accordance with any rules that are applicable or, if there are no such rules, in accordance with the rules that govern elections of officers of the organization at which all members have the right to vote or in accordance with procedures approved by the Registrar;

(d)there are no proceedings pending against the organization in respect of a contravention of the Act, these regulations or any other law of the Commonwealth or in respect of a breach or non-observance of an award or order made under the Act or any other law of the Commonwealth and no penalty imposed on the organization under the Act or these regulations or in respect of any such breach or non-observance is unpaid; and

(e)the organization has served notice of intention to make the request on each other organization that is bound by an award that is binding on the organization and on each person (not being a member of an organization that is so bound) who is bound by such an award.

“(2.) An organization may request that its registration be cancelled where—

(a) approval has been given to—

(i) the making of an application to the Commission for the cancellation of all the terms of all awards in force so far as they apply to, or are in favour of, the organization; and

(ii) the making of a request that the registration of the organization be cancelled for the reason that it no longer intends to perform the functions of an organization,

by a majority of the members voting at a ballot of the members taken in accordance with any rules that are applicable or, if there are no such rules, in accordance with the rules that govern elections of officers of the organization at which all members have the right to vote or in accordance with procedures approved by the Registrar; and

(b)an application made to the Commission under section 62 of the Act in pursuance of the resolution has been granted.

“(3.) Where a person is registered as an organization by virtue of his being an employer, he may request that his registration be cancelled.

Procedure in requests for cancellation of registration.

“138e.—(1.) A request that the registration of an organization be cancelled—

(a)shall be in writing and signed by two or more officers of the organization authorized to make the request;

(b) shall be filed with the Registrar;

(c) shall set out full particulars of the circumstances by reason of which, in accordance with this regulation, the organization is entitled to make the request; and

(d)shall contain a declaration by the persons signing the request that the facts stated in the request are true and correct, declared before the Registrar, a Justice of the Peace or a Commissioner for Affidavits.

“(2.) The Registrar shall cause notice of the receipt of a request in accordance with this regulation to be published in the Gazette.

“(3.) A person may, within thirty-five days after the publication of the notice referred to in the last preceding sub-regulation, lodge with the Registrar a notice of objection to the request, stating the grounds of the objection and accompanied by a declaration made before the Registrar, a Justice of the Peace or a Commissioner for Affidavits setting forth shortly the facts upon which the objector relies in respect of each ground of objection.

“(4.) The objector shall, within seven days after notice of objection is lodged with the Registrar, serve copies of the notice of objection and of the declaration on the organization.

“(5.) When a notice of objection has been lodged, the Registrar shall fix a time and place for hearing the request and the objection and shall give notice of the time and place so fixed to the organization and to the objector.

“(6.) The Registrar shall not refuse to grant a request made in accordance with this regulation until he has given the applicant an opportunity of being heard in support of it.

“(7.) The cancellation of the registration of an organization by the Registrar upon a request made in accordance with sub-regulation (1.) of the last preceding regulation shall be expressed to take effect on a date not earlier than three months after the date on which the instrument of cancellation is signed.

“(8.) As soon as practicable after the signing of an instrument of cancellation referred to in the last preceding sub-regulation, the Registrar shall furnish a copy of the instrument to the organization and to each person who duly lodged a notice of objection.

Qualifications of auditors.

“138f.—(1.) A person is not a competent person for the purposes of sub-section (1.) of section 154 of the Act, in relation to any organization or branch of an organization other than an organization or branch to which the next succeeding sub-regulation applies, unless he is included in the class of persons that comprises—

(a)persons who are registered under a law of a State or Territory of the Commonwealth providing for the registration of public accountants; and

(b)persons who are licensed or registered as auditors under the law of a State or Territory of the Commonwealth relating to companies,

other than members of the organization or branch, as the case may be.

“(2.) Where the receipts of an organization or branch of an organization for the financial year last ended before the time at which an auditor is to be appointed did not exceed One thousand pounds, a person is not a competent person for the purposes of sub-section (1.) of section 154 of the Act, in relation to that organization or branch, as the case may be, unless he is included in the class of persons that comprises persons who have had experience in the keeping or auditing of accounts, other than members of the organization or branch, as the case may be.

“(3.) For the purposes of the last preceding sub-regulation, where the Registrar has issued to a person a certificate that that person has had experience in the keeping or auditing of accounts, that person shall be taken to have had that experience.”.

(2.) Where, at the date of commencement of these Regulations, a person holds office as auditor of an organization or branch of an organization, having been lawfully appointed before that date, regulation 138f of the Conciliation and Arbitration Regulations, inserted by these Regulations, does not take effect in relation to that organization or branch until the expiration of one year from that appointment, or until that person ceases to hold office as auditor, whichever first happens.

Requests for conduct of elections under section 170.

2. Regulation 139 of the Conciliation and Arbitration Regulations is amended by inserting in sub-regulation (3.), after the word “sub-regulation”, the words “, or made on or after that date,”.

3. After regulation 162 of the Conciliation and Arbitration Regulations the following regulation is inserted:—

Employer paying unclaimed moneys to Commonwealth.

“152a. An employer who desires to pay an amount of money to the Commonwealth in accordance with section 124 of the Act may pay the amount to an officer of the Department of Labour and National Service who is a Collector of Public Moneys.”.

 

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