Industrial and Employee Relations (Representation) Variation Regulations 2005 (SA)

South Australia

Industrial and Employee Relations (Representation) Variation Regulations 2005

under the Industrial and Employee Relations Act 1994

Contents

Part 1—Preliminary

1. Short title

2. Commencement

3. Variation provisions

Part 2—Variation of Industrial and Employee Relations (Representation) Regulations 1994

1. Variation of regulation 3—Interpretation

2. Variation of regulation 7—Application for registration

3. Variation of regulation 8—Disqualification

4. Variation of regulation 11—Code of conduct

5. Substitution of regulation 12

   12Fees

6. Insertion of Schedule 4

   Schedule 4—Fees

Part 1—Preliminary

1—Short title

These regulations may be cited as the Industrial and Employee Relations (Representation) Variation Regulations 2005.

2—Commencement

These regulations will come into operation on the day on which the Industrial Law Reform (Fair Work) Act 2005 comes into operation.

3—Variation provisions

In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Variation of Industrial and Employee Relations (Representation) Regulations 1994

4—Variation of regulation 3—Interpretation

Regulation 3, definition of the Act—delete the definition and substitute:

Act means the Fair Work Act 1994;

5—Variation of regulation 7—Application for registration

1. Regulation 7(2)(d)—delete paragraph (d) and substitute:

   (d)be accompanied by the appropriate fee fixed under these regulations;

2. Regulation 7(2)(e)—delete "under section 152(4) of the Act"

6—Variation of regulation 8—Disqualification

1. Regulation 8(1)—delete "Pursuant to section 152(2)(c)(iii) of the Act, a" and substitute:

   A

2. Regulation 8—after subregulation (2) insert:

   (3)These matters apply for the purposes of section 152(2)(b) of the Act.

7—Variation of regulation 11—Code of conduct

Regulation 11(1)—delete "section 152(4)" and substitute:

section 152(5)

8—Substitution of regulation 12

Regulation 12—delete regulation 12 and substitute:

12—Fees

(1)The fees payable for the purposes of registration as a registered agent are fixed by Schedule 4.

(2)No fee is payable by a recognised advocate.

(3)The fees are payable to the Industrial Relations Court of South Australia.

(4)If a renewal fee prescribed by Schedule 4 is not paid as required by the Schedule, the Registrar may serve on the relevant person a notice in writing to the effect that his or her registration as an agent under the Act will lapse if the fee is not paid within 14 days after the notice is served.

(5)The Registrar may extend (and further extend) the period within which a renewal fee must be paid.

(6)Subject to an extension under subregulation (5), if a renewal fee is not paid within the time that applies under subregulation (4), the person's registration as an agent under the Act is automatically cancelled.

9—Insertion of Schedule 4

After Schedule 3 insert:

Schedule 4—Fees

1	On lodging an application for registration as a registered agent—for each year of registration	$160
2	Renewal fee (during the continuation of registration)—for each year of registration	$160

Note—

As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.

Made by the Governor

with the advice and consent of the Executive Council

on 28 April 2005

No 28 of 2005

MIR 05/003 CS