Conciliation and Arbitration Regulations (Amendment) (Cth)

STATUTORY RULES.

1949. No. 49.

 

REGULATIONS UNDER THE COMMONWEALTH CONCILIATION AND ARBITRATION ACT 1904-1949.*

I, THE DEPUTY OF 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 Commonwealth Conciliation and Arbitration Act 1904-1949.

Dated this fourth day of August, 1949.

J. NORTHCOTT

Deputy of the Governor-General.

By His Excellency’s Command,

H. V. EVATT

Attorney-General.

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Amendments of the Conciliation and Arbitration Regulations. 

1. After regulation 52 of the Conciliation and Arbitration Regulations the following regulation is inserted :—

Questions of law referred by Conciliation Commissioner.

“ 52a. Where, in accordance with regulation 21 of these Regulations, a Conciliation Commissioner has referred to the Court a question of law arising in relation to a matter before him, or a question as to whether he has jurisdiction under the Act in relation to a matter, the Court or a Judge shall fix a time and place for hearing by the Court of argument on the question, and shall give such directions as it or he thinks proper for the giving to persons entitled to be heard of notice of the time and place so fixed and of the question referred.”.

Filing of rules and alterations thereof.

2. Regulation 129 of the Conciliation and Arbitration Regulations is amended by omitting from sub-regulation (1.) the word “ twenty-eight ” and inserting in its stead the word “ fourteen ”.

Registered office.

3. Regulation 133 of the Conciliation and Arbitration Regulations is amended—

(a) by omitting from sub-regulation (2.) the words “ Unless the Registrar is notified to the contrary ” and inserting in their stead the words “ Subject to this regulation ”; and

(b) by omitting sub-regulation (3.) and inserting in its stead the following sub-regulations :—

“(3.) Where an organization or a branch of an organization commences to use an office other than its registered office as its principal office, the organization or branch, as the case may be, shall, within twenty-eight days thereafter, lodge with the Registrar a declaration in accordance with the next succeeding sub-regulation stating the situation of that first-mentioned office and the

 

* Notified in the Commonwealth Gazette on 5th August, 1949.

  Statutory Rules 1947. No. 142, as amended by Statutory Rules 1948, Nos. 117, 143 and 146; and 1949, Nos. 20 and 28.

3684.—Price 3d.

 

fact that it has become the principal office of the organization or branch, and that first-mentioned office shall thereupon become the registered office of the organization or branch (as the case may be).

“(4.) A declaration for the purposes of the last preceding sub-regulation shall be signed by the Secretary or other proper officer of the organization or branch (as the case may be) in the presence of the Registrar, a Justice of the Peace, a Commissioner for Affidavits or a Commissioner for Declarations.”.

4. After regulation 133 of the Conciliation and Arbitration Regulations the following regulation is inserted :—

Applications concerning irregularities in elections.

“ 133a.—(1.) An application under section 96a of the Act shall be substantially in accordance with Form 46, and lodged in duplicate.

“ (2.) The time after the completion of an election within which an application under section 96aof the Act in respect of the election may be lodged shall be six months.”.

Office hours.

5. Regulation 152 of the Conciliation and Arbitration Regulations is amended by omitting from sub-regulation (1.) the words “ 10 o’clock in the morning to 3 o’clock ” and inserting in their stead the words “ 9.30 o’clock in the morning to 4.30 o’clock ”.

First Schedule.

6. The First Schedule to the Conciliation and Arbitration Regulations is amended by adding after Form 45 the following form :—

“Regulation 133a.

Form 46.

Commonwealth of Australia.

Commonwealth Conciliation and Arbitration Act 1904-1949.

APPLICATION FOR INQUIRY CONCERNING AN ELECTION.

In the Commonwealth Court of Conciliation and Arbitration.

In the matter of an election for an office in [set out name of organizationor branch].

I, [set out full name of applicant] of [set out address of applicant] being a member (or a person who, within the period of twelve months preceding the date of this application, has been a member) of the [set out name of organization] hereby apply for an inquiry by the Commonwealth Court of Conciliation and Arbitration into the matter of the alleged irregularities specified hereunder which I claim have occurred in or in connexion with the election specified hereunder. I rely on the facts stated hereunder.

particulars of election.

Organization or Branch [Set out name].

Office or offices [Set out title or titles of position or positions for which election held.]

Is election complete? [Answer ‘yes’ or ‘no’.]

If election complete, date of completion [Set out date].

particulars of alleged irregularities.

[Set out in numbered paragraphs particulars of the alleged irregularity or irregularities.]

facts relied on.

[Set out in numbered paragraphs the facts relied on in support of the application.]

Dated at the day of , 19 .

Applicant.

Note.—The application must be lodged in duplicate with the Industrial Registrar and be supported by a statutory declaration of the applicant declaring that the facts stated in the application are to the best of the applicant’s knowledge and belief true.”.

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By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.