Conciliation and Arbitration Regulations (Amendment) (Cth)

Statutory Rules 1951, No. 100.(c)

 

Documents for use of Courts.

1. Regulation 36 of the Conciliation and Arbitration Regulations is amended by omitting from sub-regulation (1.) the word “ two ” and inserting in its stead the word “ five ”.

Conditions for registration.

2.—(1.) Regulation 106 of the Conciliation and Arbitration Regulations is amended—

(a) by omitting the words “ The following shall be the conditions ” and inserting in their stead the words “ In addition to the conditions specified in section 70aof the Act, the following are conditions ” ;

(b) by inserting in paragraph (a), after the word “ industry ”, the words “ in or ” ;

(c) by omitting from sub-paragraph (i) of paragraph (a)the words “ under a system of voting which makes adequate provision for absent voting ” ;

 

(a) For previous Regulations, see Commonwealth Statutory Rules 1947-48, p. 396 ; and 1949-50, p. 269.

(b) Made under the Conciliation and Arbitration Act 1904-1950 on 28th June, 1951 ; notified in Gazette on 29th June, 1951.

(c) Made under the Conciliation and Arbitration Art 1904-1951 on 18th September, 1951; notified in Gazette on 18th September, 1951.

 

(d) by omitting sub-paragraph (i) of paragraph (g)and inserting in its stead the following sub-paragraph :—

“ (i) two copies of a list of the names and addresses of the members of the association, arranged according to branches, (the address being, in the case of an individual, his place of residence and, in the case of a body corporate, the address of its registered office) showing the date upon which each member became a member ; ” ;

(e) by omitting from sub-regulation (iii) of paragraph (g)the words “ and addresses ” and inserting in their stead the words “ ,postal addresses and occupations ” ; and

(f) by adding at the end thereof the following sub-regulation :—

“ (2.) The conditions specified in paragraphs (a), (b), (c) and (d)of the last preceding sub-regulation apply in relation to organizations in like manner as they apply in relation to an association applying for registration as an organization.”.

(2.) The amendments made by paragraphs (d) and (e) of the last preceding sub-regulation do not apply in relation to an application for registration lodged before the commencement of this regulation.

Advice of registration.

3. Regulation 117 of the Conciliation and Arbitration Regulations is amended by omitting from paragraph (d)the words “ and addresses ” and inserting in their stead the words “ , postal addresses and occupations ”.

4. Regulation 120 of the Conciliation and Arbitration Regulations is repealed and the following regulation inserted in its stead :—

List of branches to be kept by organization.

“ 120. In pursuance of paragraph (d) of sub-section (1.) of section 91 of the Act, an organization shall keep a list of the branches of the organization showing—

(a) the name under which each branch is carried on; and

(b) the situation of the registered office of each branch.”.

Repeal of regulations 121 and 122.

5. Regulations 121 and 122 of the Conciliation and Arbitration Regulations are repealed.

6. Regulation 123 of the Conciliation and Arbitration Regulations is repealed and the following regulation inserted in its stead :—

Changes in officers to be notified.

“ 123. Within thirty-five days after a change has taken place in the identity of the holder of an office in an organization or branch of an organization, being an office specified in paragraph (a), (aa) or (b) of the definition of ‘ Office ’ in section 4 of the Act, the organization shall forward to the Registrar a statement of the change, including the name, postal address and occupation of the new holder of the office, together with a statutory declaration by an officer of the organization verifying the statement.

Penalty : Ten pounds for each week of default.”.

Accounts to be filed.

7. Regulation 124 of the Conciliation and Arbitration Regulations is amended by omitting the words “ thirty-five days ” and inserting in their stead the words “ three months ”.

 

Time for filing records.

8. Regulation 125 of the Conciliation and Arbitration Regulations is amended—

(a) by inserting after the word “ by ” the words “ sub-section (4.) of ” ; and

(b) by omitting the words “ in the month of January ” and inserting in their stead the words “ before the thirty-first day of March ”.

9. Regulation 126 of the Conciliation and Arbitration Regulations is repealed and the following regulation inserted in its stead :—

Filing and inspection of certain documents.

“ 126.—(1.) All documents lodged or filed with or furnished to the Registrar under Part VI. of the Act (except section ninety-one) or this Part shall be in duplicate.

“ (2.) A statutory declaration for the purposes of sub-section (4.) of section 91 of the Act may be made by the Secretary of the organization or by an officer of the organization authorized by the rules of the organization or by the organization to file the copy of the records to which the declaration relates.

“ (3.) Subject to the next succeeding sub-regulation, all documents received by the Registrar under Part VI. of the Act (other than documents filed under sub-section (2.) or (3.) of section ninety-one) or this Part may be inspected at the office of the Registrar, during office hours, on payment of the prescribed fee, and a person may, upon application and payment of the prescribed fee, obtain an office copy or a certified copy of any such document.

“ (4.) The right to inspect, or obtain a copy of, a document received by the Industrial Registrar under section ninety-six m of the Act may be exercised only by persons approved by the Industrial Registrar.”.

Filing of rules and alterations thereof.

10. Regulation 129 of the Conciliation and Arbitration Regulations is amended by omitting from sub-regulation (2.) the words “ The statutory declaration verifying the alteration shall state ” and inserting in their stead the words “ The copies shall be accompanied by a statutory declaration, made by a person appearing to the Registrar to have the necessary knowledge of the facts, stating ”.

Copies of returns.

11. Regulation 132 of the Conciliation and Arbitration Regulations is amended by inserting after the words “ Principal Registry ” the words “all documents filed under section 91 of the Act and ”.

12. After regulation 133aof the Conciliation and Arbitration Regulations the following regulations are inserted :—

Requests for conduct of elections under section 96m of Act.

“ 133b.—(1.) For the purposes of section 96m of the Act the number of members of an organization or branch by whom a request under sub-section (1.) of that section for the conduct of an election under that section may be made is—

(a) in the case of a request by an organization—One thousand, or one-tenth of the total number of the members of the organization, whichever is the less ; and

(b) in the case of a request by a branch—five hundred, or one-fifth of the total number of the members of the branch, whichever is the less.

 

“ (2.) Subject to this regulation, a request by an organization or branch of an organization under sub-section (1.) of section 96m of the Act for the conduct of an election under that section shall be made not less than one month, nor more than three months, before the last day on which persons may become candidates at the election.

“ (3.) The Industrial Registrar may, in his discretion, accept a request made less than one month before the date specified in the last preceding sub-regulation if he is satisfied that it is practicable for the election to be conducted under section 96mof the Act in pursuance of the request, and a request so accepted shall be deemed to have been made in due time.

Where election officially conducted no unauthorized action to be taken.

“ 133c.—(1.) Where the Industrial Registrar has, in pursuance of sub-section (5.) of section 96mof the Act, informed an organization or branch of an organization that he has decided that a request in relation to an election has been duly made under that section, a person other than the person conducting the election in pursuance of that section shall not, except with the authority or at the direction of the person so conducting the election, do or purport to do any act in the conduct of the election.

Penalty: One hundred pounds.

“ (2.) The last preceding sub-regulation does not apply where the decision of the Industrial Registrar has been reversed on appeal to the Court.”.

Service upon corporations.

13. Regulation 149 of the Conciliation and Arbitration Regulations is amended—

(a) by omitting from paragraph (b) the word “ or ” ; and

(b) by inserting after paragraph (b) the following paragraph :—

“ (ba) leaving it with any person apparently above the age of fourteen years at the registered office of the body corporate or, where the body corporate has filed an address for service, at that address ; or ”.

Service upon organizations.

14. Regulation 150 of the Conciliation and Arbitration Regulations is amended—

(a) by omitting from paragraph (b) the word “ or ” (second occurring); and

(b) by inserting after paragraph (b) the following paragraph :—

“ (ba) leaving it with any person apparently above the age of fourteen years at the registered office of the organization or branch or, where the organization or branch has filed an address for service at that address ; or ”.

First Schedule.

15.