Conciliation and Arbitration Regulations (Amendment) (Cth)

Statutory Rules 1982 No. 1081

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Conciliation and Arbitration Regulations2 (Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Conciliation and Arbitration Act 1904.

Dated 14 May 1982.

ZELMAN COWEN

Governor-General

By His Excellency’s Command,

IAN MACPHEE

Minister of State for Employment and Industrial Relations

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Issue of ballot papers

Regulation 146aj of the Conciliation and Arbitration Regulations is amended—

(a) by omitting from paragraph (5) (c) “and”;

(b) by inserting after paragraph (5) (c) the following paragraph:

“(ca) where the rules of the organization provide for the inclusion with the ballot paper of material prepared by a candidate—that material; and”, and

(c) by inserting after sub-regulation (5) the following sub-regulations:

“(5a) Material prepared by a candidate—

(a) shall not be included in an envelope in accordance with paragraph (5) (ca) unless the material—

(i) complies with the provisions of the rules of the organization, other than provisions relating to the time within which the material is to be submitted; and

(ii) was received by the Returning Officer before the date determined under sub-regulation (5b).

“(5b) The Returning Officer shall, having regard to the date of commencement of issuing ballot papers, determine the date before which material prepared by a candidate shall be lodged with him.

“(5c) No action or proceeding, civil or criminal, for defamation lies against—

(a) the Commonwealth or a Returning Officer in respect of the issuing by the Returning Officer under this regulation, in the envelope referred to in sub-regulation (2), of material prepared by a candidate, being material that was included in the envelope by virtue of paragraph (5) (ca); or

(b) where the Returning Officer causes that material to be printed—against the person who printed the material in respect of the printing of the material.

“(5d) In sub-regulation (5c), ‘Returning Officer’ means—

(a) the Industrial Registrar;

(b) a Deputy Industrial Registrar or other Officer employed in a Registry;

(c) an Australian Electoral Officer; or

(d) a member of the staff of the Australian Electoral Office or a Returning Officer holding office under the Commonwealth Electoral Act 1918.”.

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 20 May 1982.

2. Statutory Rules 1956 No. 60 as amended to date. For previous amendments see Note 2 to Statutory Rules 1982 No. 105 and see also