Industrial Conciliation and Arbitration Acts Amendment Act of 1958 (7 Eliz Ii No. 58) (Qld)

380 LABOUR. Industrial Conciliation, Etc., Act . 7 E liz . II. No. 58, 7 N E o l . iz 5 . 8 I . I. An Act to Amend “The Industrial Conciliation T he I ndustrial and Arbitration Acts, 1932 to 1955,” in C onciliation and A rbitration certain particulars. A mendment A ct of 1958. [A ssented to 12 th D ecember , 1958.] B E it enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Legis­ lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:— short title. 1. (1.) This Act may be cited as “ The Industrial Conciliation and Arbitration Acts Amendment Act of 1958. Principal (2.) *“ The Industrial Conciliation and ArbitrationAct* Acts, 1932 to 1955,” are in this Act referred to as the Principal Act. Collective (3.) The Principal Act and this Act may be titus. collectively cited as “ The Industrial Conciliation and Arbitration Acts, 1932 to 1958.” Amendment 2. Section two of the Principal Act is amended by °f b . 2 . inserting, after the figures and words “Part III.— I ndustrial U nions ; ”, the figures, letter and words “ P art III a .—D isputed E lections in I ndustrial U nions ; ”. Amendment 3. Section four of the Principal Act is amended by °f s. 4. inserting, after the definition “ Minister ”, the following definition :— Office. “ “ Office”—In relation to an industrial union or branch of an industrial union— (а) The office of a member of the committee of management of the industrial union or branch ; (б) The office of president, vice-president, secretary, assistant-secretary or other executive officer, by whatever name called, of the industrial union or branch ; 23 G. 5 No. 36 and amending Acts.

LABOUR. 381 1958. Industrial Conciliation, Etc., Act. (c) The office of a person holding, whether as trustee or otherwise, property of the industrial union or branch, or property in which the industrial union or branch has any beneficial interest; and ( d ) Every office within the industrial union or branch for the filling of which an election is conducted within the industrial union or branch ; 4. Section seven of the Principal Act is amended Amendment by repealing subsection seven thereof and inserting, of s. 7. in lieu of that repealed subsection, the following subsection:— “ (7.) Notwithstanding the provisions of section 21 a of this Act, the Court or a member thereof may refuse to proceed with the hearing and determination of any proceeding, application, question or matter with respect to any award at any time when any of the employees to whom the award applies (and whether employees whose employment will or may be affected in any respect by the determination of such proceeding, application, question or matter, or not) are involved in an industrial dispute or are contravening or failing to comply with any provision of this Act or of the award or of any order, direction or judgment of the Court or of a member thereof.” 5. Subsection three of section nine of the Principal Amendment Act is amended by repealing the words “ and another of s. 9 (3). of whom shall be the member who is for the time being also a member of The Queensland Prices Board ”, where those repealed words appear in paragraph (i.) of the proviso to that subsection. 6. Section 10 b of the Principal Act is amended— A of m 8 e . n 1 d 0 m b , ent (a) By inserting after subsection four thereof the following subsection:— “ (4a.) For the purposes of this section— (a) Where the services of an employee are temporarily lent or let on hire by one employer (in this paragraph called the “ first employer ”) to another employer (in this paragraph called the “ second employer ”), the period of that service had by the employee with the second

LABOUR. Industrial Conciliation, Etc., Act. 7 E liz . II. No. 58, employer shall be deemed to be service had by him with the first employer and shall be taken into account accordingly in calculating the length of the continuous service had by him with the first employer; and (6) Where the services of an employee are transferred by one employer to another employer (in this paragraph called the “ second employer ”) the periods of service had with them respectively by that employee which, if they were one and the same employer, would aggregate unbroken continuous service shall be taken into account in calculating the length of the continuous service had by that employee with the second employer, and shall be deemed to be service had by him with that employer. Subject to an employee being employed on or after the date of the enactment of this subsection by an employer to whom his services have been temporarily lent or let on hire or transferred as hereinbefore specified in this subsection, service had by him as an employee before as well as on and after that date shall be taken into account in calculating the aggregate of the service to which paragraph (a) or paragraph (b), as the case may be, of this subsection is expressed to apply. Notwithstanding anything hereinbefore contained in this subsection, in the case of any employee to whom paragraph (6) of this subsection applies, any period of service with the employer who transferred his services in respect whereof that employee has received long service leave on full pay pursuant to his entitlement thereto under this section, shall not be taken into account in calculating the aggregate of the service to which paragraph (b) of this subsection is expressed to apply had by him.” ; and (6) By inserting, after subsection thirteen thereof, the following subsection :— (13a.) For the purposes of this section where one body corporate is a subsidiary of another, or is a subsidiary of any body corporate which is that other’s subsidiary, periods of service had with them respectively by an employee which, if they were one and the same employer, would aggregate unbroken continuous

LABOUR. 383 1958. Industrial Conciliation, Etc., Act. service shall be taken into account in calculating the length of the continuous service had by that employee with the one of those bodies corporate by whom he is employed for the time being and shall be deemed to be service had by him with that body corporate. Subject to an employee being employed by a body corporate on or after the date of the enactment of this subsection, service had by him as an employee before as well as on and after that date shall be taken into account in calculating the aggregate of the service to which this subsection is expressed to apply had by him. Notwithstanding anything hereinbefore contained in this subsection, any period of service in respect whereof an employee has received long service leave on full pay pursuant to his entitlement thereto under this section shall not be taken into account in calculating the aggregate of the service to which this subsection is expressed to apply had by him. In applying this subsection a body corporate shall be a subsidiary of another where, applying the provisions of section one hundred and thirty-seven of *“ The Companies Acts, 1931 to 1955,” to the case (whether those provisions so apply in law or not) the former is in relation to the latter a subsidiary company.” 7. Section eighteen of the Principal Act is repealed Repeal of and, in lieu of that repealed section, the following section “gd new 8‘ is inserted:— “ [15.] ( 1 .) Every award shall— Form, effect _ . . „ . , /- h wd tenure (a) Be in the form determmed by the Court of award. in the particular case; and (b) Save as otherwise prescribed pursuant to subsection two of this section take effect and have the force of law throughout the State and without limit of time. (2.) Provisions of an award may prescribe that the award shall be in force in a specified locality, or during a specified period of time, or both in a specified locality and during a specified period of time and in such case the award in question shall take effect and have the force of law according as prescribed by those provisions and not otherwise. * 22 G. 5 No. 53 and amending Acts.

'N. 384 LABOUR. Industrial Conciliation, Etc., Act. 7 E liz . II. No. 58, (3.) The Court may at any time and from time to time vary, alter, amend or otherwise modify the provisions of any award (including the provisions thereof specified in subsection two of this section), and the same as so varied, altered, amended or otherwise modified shall become and be for the time being the award in question. (4.) The Court may at any time— (а) Determine any award; or (б) Substitute a fresh award for any award. (5.) In this subsection “ subsisting award ” means an award, with and subject to any variations, alterations, amendments or other modifications thereof, made before the date of the enactment of this subsection and which before that date had neither been revoked nor had a fresh award substituted therefor by the Court, and includes every such award notwithstanding that a provision thereof limited the duration thereof to a period which had expired before the date hereinbefore mentioned in this subsection. Notwithstanding the provisions of section eighteen of *“ The Industrial Conciliation and Arbitration Acts , 1932 to 1955,” as in force immediately prior to the enactment of this subsection, every subsisting award shall continue in force until the Court— (а) Determines it; or (б) Substitutes a fresh award for it, whichever first happens, and while it so continues subsection three of this section applies to it.” New s. 31 a inserted. Kules to provide for secret ballots. 8. The following section is inserted after section thirty-one of the Principal Act:— “ [31 a .] (1.) The registrar shall not register— (a) As an industrial union of employees under this Act any industrial association or trade union of employees ; or ( b) As an industrial union of employers under this Act, any association of persons or of incorporated companies, unless and until he is satisfied that the rules of the union or association relating to an election for an office therein or in a branch thereof (being an office specified in * 23 G. 5 No. 36 and amending Acts.

LABOUR. 1958. Industrial Conciliation, Etc., Act. paragraph (a), ( b) or (c) of the definition “ Office ” in section four of this Act) provide that the election shall be by secret ballot and make provision for— (i.) Absent voting; (ii.) The manner in which persons may become candidates for election; (iii.) The appointment, conduct and duties of returning officers; (iv.) The conduct of the ballot; (v.) The appointment, conduct and duties of scrutineers to represent the candidates at the ballot; and (vi.) The declaration of the result of the ballot, and those rules are such as will ensure, as far as practicable, that no irregularity can occur in connection with the election. (2.) The rules of any industrial union, including the rules accompanying an application under this Part of this Act, relating to any election to which subsec tion one of this section applies may provide for compulsory voting. (3.) An industrial union which is registered as such at the date of the enactment of this section is allowed a period of three months after that date, or such longer period as the registrar determines, within which to bring its rules into conformity with the requirements of subsection one of this section. (4.) If the rules of an industrial union to which subsection three of this section applies do not, at the expiration of the period allowed by that subsection, in the opinion of the registrar, conform with the requirements of subsection one of this section, the registrar may, after inviting the industrial union to consult with him on the matter, determine such alterations of the rules as will, in his opinion, bring them into conformity with those requirements. (5.) The registrar shall register the alterations so determined by him, and thereupon the rules shall be deemed to be altered accordingly. (6.) A reference in this section to the rules of an industrial union shall be read as including a reference to the rules of a branch of the industrial union.” N 385

386 LABOUR. Industrial Conciliation, Etc., Act. 7 E liz . II. No. 58, a 6 H S ne . da 4 d 1 nn a eow , t 4 e 1 b after 9 s . ecTthioenfofollrotwy- ionngehoefadthneotPerainncdipsaelcAtiocnt,snaarme einlyse:— rted and 41o inserted. “ P art III a .—D isputed E lections in I ndustrial U nions . AofpPplairctat I i I o I n a . 41 b [ t 4 o 2 a 4 . 1 ] o T , hbiosthPainrtclI u I s I iv a e . , ohfetrheoisf) Adcotes(bneoint gapspelcytiotnos, or to any branch of, any industrial union which is an organisation under and within the meaning of the ConciliationandArbitrationAct1904-1956 of the Commonwealth, or to any branch of an industrial union which is such an organisation. Arfoeprsppienlicqctauintiirgoienss or a [ p 4 e 2 r b s . o ] n (2 w .) hoW, hweirtehian mtheempbreerceodfinang ipnedriuosdtrioafl tuwneiolvne, elections. months, has been a member of an industrial union, claims that there has been an irregularity in or in connection with an election for an office in the industrial union, or in a branch of the industrial union, he may lodge an application for an inquiry by the Court into the matter. Action by registrar. (2.) An application under this section shall— (a) Be in writing in accordance with the prescribed form; (b) Be lodged with the registrar before the completion of the election or within six months after the completion of the election ; (c) Specify the election in respect of which the application is made and the irregularity which is claimed to have occurred, and state the facts relied on in support of the application; and ( d) Be accompanied by a statutory declaration by the applicant declaring that the facts stated in the application are, to the best of the applicant’s knowledge and belief, true. [42c.] (2.) Where an application under section 41 b of this Act is lodged with the registrar, he shall— {a) If he is satisfied— (i.) That there are reasonable grounds for an inquiry into the question whether there has been an irregularity in or in connection * No. 13 of 1904 and amending Acts of the Commonwealth.

LABOUR. 1958. Industrial Conciliation, Etc., Act. with the election, which may have affected or may affect the result of the election; and (ii.) That the circumstances of the matter justify an inquiry by the Court under this Part of this Act, grant the application and refer the matter to the Court; or (6) If he is not so satisfied, refuse the application and inform the applicant accordingly. (2.) The registrar may exercise his powers under subsection one of this section upon the basis of the matters stated in the application, but he may nevertheless take into account any relevant information cojming to his knowledge. ( 3 .) At any time after the lodging with the registrar of an application for an inquiry in connection with an election, the Court may authorise the registrar, by himself or by a person acting on his behalf, to— (а) Inspect any ballot-papers, envelopes, lists or other documents which have been used in connection with or are relevant to the election; (б) For the purpose of any such inspection, enter with such assistance as he considers necessary, any premises used or occupied by the industrial union or a branch of the industrial union in which he believes any such ballot- papers, envelopes, lists or documents to be ; (c) Require a person to deliver to him, in accordance with the requirement, any such ballot-papers, envelopes, lists or other documents in the possession or under the control of that person ; (d) Take possession of any such ballot-papers, envelopes, lists or other documents ; and (e) Retain any ballot-papers, envelopes, lists or other documents delivered to him, or of which he has taken possession, until the completion of the proceedings arising out of the application or until such earlier time as the Court orders. 387

388 LABOUR. Industrial Conciliation, Etc., Act. 7 E liz . II. No. 58, (4.) Before authorising any action under subsection three of this section, the Court shall, if of opinion that, having regard to all the circumstances, any person should be given an opportunity of objecting to the proposed action, give such an opportunity to that person. (5.) A person shall not— (a) Refuse or fail to comply with a requirement under this section ; or (b) Obstruct or hinder the registrar or any other person in the exercise of his powers under this section. Penalty : One hundred pounds or imprisonment for twelve months, or both. (6.) An act or decision of the registrar under this section shall not be subject to appeal to the Court.” New ss. 41 d , 10. The following sections are inserted after 41 e and 41 f . section 41c of the Principal Act, as previously inserted by this Act, namely :— Jurisdiction “ [41 d .] (1.) Upon the reference of a matter to the of Court. Court under section 41c of this Act, the inquiry shall be deemed to have been instituted in the Court. Directions as to hearing. ( 2 .) Where an inquiry has been instituted, the Court shall fix a time and place for conducting the inquiry, and may give such directions as it deems necessary to ensure that all persons who are or may be justly entitled to appear or be represented at the inquiry are notified of the time and place so fixed. Interim orders. [42 e .] (2.) At any time after an inquiry in connection with an election has been instituted, the Court may, if it thinks fit, make one or more of the following orders :— (a) An order that no further steps shall be taken in the conduct of the election or in carrying into effect the result of the election ; (b) An order that a person who has assumed an office, continued to act in an office, or claims to occupy an office, being an office to which the inquiry relates, shall not act in that office; (c) An order that a person who holds, or who last held before the election, an office to which the inquiry relates may act or continue to act in that office ;

LABOUR. 389 1958. Industrial Conciliation, Etc., Act. (d) Where it considers that an order under paragraph (c) of this subsection would not be practicable or would be prejudicial to the efficient conduct of the affairs of the industrial union or branch of an industrial union or would be inappropriate having regard to the nature of the inquiry, an order that a member of the industrial union or branch or another person specified in the order may act in an office to which the inquiry relates; (e) An order incidental or supplementary to an order under this subsection; and (/) An order varying or discharging an order under this subsection. (2.) Where the Court orders that a person may act, or continue to act, in an office, that person shall, while the order remains in force, and notwithstanding anything contained in the rules of the industrial union or of a branch of the industrial union, be deemed, for all purposes, to hold the office. (3.) An order under this section shall continue in force, unless expressed to operate for a shorter period or unless sooner discharged, until the completion of proceedings in the Court in connection with the election and of all matters ordered (otherwise than under this section) by the Court in those proceedings. [22 f .] (2.) The Court shall allow to appear or be Procedure represented at an inquiry all persons who apply to the at hearmg‘ Court for leave to appear or be represented, being persons who appear to the Court to be justly entitled to be heard, and the Court may order any other person so to appear or be represented : Provided that no person shall be represented at an inquiry by counsel or solicitor save with the consent of all parties allowed or ordered by the Court to appear or be represented thereat. (2.) The persons appearing or represented, or ordered to appear or be represented, at an inquiry shall be deemed to be parties to the proceedings. (3.) Section sixty-nine of this Act shall apply with respect to an inquiry.

390 LABOUR. Industrial Conciliation, Etc., Act . 7 E liz . II. No. 58, (4.) For the purposes of this Part III a . of this Act— (a) The procedure of the Court is, subject to this Act and the rules of court and regulations, within the discretion of the Court; (b) The Court is not bound to act in a formal manner and is not bound by any rules of evidence but may inform itself on any matter in such manner as it thinks just; and (c) The Court shall act according to equity, good conscience and the substantial merits of the case, without regard to technicalities and legal forms.” New ss. 41 g 11 The following sections are inserted after ainnsder4t1ed h . section 41r of the Principal Act, as previously inserted by this Act:— Functions “ [42 g .] (1.) At an inquiry the Court shall inquire aonfdCopuorwt.ers ihnatso oacncdurdreetderimninoer tihnecqounensetciotinonwhweitthherthaenyeliercrteigounl,aarintyd such further questions concerning the conduct and results of the election as the Court thinks necessary. (2.) In the course of conducting an inquiry the Court may make such orders (including an order for the recounting of votes) as the Court thinks necessary for the purposes of the inquiry. (3.) If the Court finds that an irregularity has occurred, the Court may, in its discretion, but subject to subsection four of this section make one or more of the following orders :— (a) An order declaring the election, or any steps taken in or in connection with the election, to be void; (b) An order declaring a person purporting to have been elected not to have been elected, and declaring another person to have been elected; (c) An order directing a new election to be held, or any step in or in connection with the election (including the submission of nominations) to be taken again, in accordance (subject to any order under paragraph (d) of this subsection) with the rules of the industrial union or branch or with those

LABOUR. 391 1958. Industrial Conciliation, Etc., Act. rules as varied or added to in such manner as the Court thinks necessary to rectify procedural defects in those rules which appear to the Court to exist; (d) An order directing, notwithstanding anything contained in the rules of the industrial union or branch, the taking of such safeguards as the Court thinks necessary against irregularities in or in connection with— (i.) Any such new election; (ii.) Any such step so ordered to be taken again; or (iii.) Any uncompleted steps in the election, and, for the purposes of any such order, an order appointing and authorising a person to act as a returning officer in conjunction with the returning officer (if any) acting under the rules of the industrial union or branch in connection with the election, and to exercise such powers as the Court directs ; and (e) An order incidental or supplementary to any order under this section. (4.) The Court shall not declare an election, or any step taken in or in connection with an election, to be void, or declare that a person was not elected, unless the Court is of opinion that, having regard to the irregularity found, and any circumstances giving rise to a likelihood that similar irregularities may have occurred or may occur, the result of the election may have been affected, or may be affected, by irregularities. [41 h .] (1.) The Court may make such orders for Enforcement injunctions (including mandatory injunctions) as itofordere- thinks necessary for the effectual exercise of its powers and functions and the enforcement of its orders under this Part III a . of this Act. (2.) A person shall not refuse or fail to comply with an order of the Court under this Part III a . of this Act or hinder or obstruct the carrying out of any such order. Penalty: One hundred pounds or imprisonment for twelve months, or both.

392 LABOUR. Industrial Conciliation, Etc., Act. 7 E liz . II. No. 58, (3.) Nothing in this section shall affect the powers of the Court in relation to the punishment of contempts of the Court.” New ss. 41 j 12. The following sections are inserted after ainnsder4t1ed k . section 41 h of the Principal Act, as previously inserted by this Act, namely :— oVacfatclsie, dra& tatciio.nn electi“on [4 o 1j f . a ] p(e 1 r. ) sonWwhheorehatsh, esinCcoeuthrte edleeccltaiorens, pvuoripdortthede to act in the office to which he purported to have been elected, all acts done by him while so purporting to act and which could validly have been done by him if he had been duly elected shall, subject to this section, be valid and effectual for all purposes. (2.) The Court may, if it considers it desirable so to do, declare any such act to have been void, and thereupon that act shall, for all purposes, be deemed not to have been validly done. (3.) Where an election is held, or any step in or in connection with an election is taken, in pursuance of an order of the Court, that election or step shall not be invalidated by reason only of any departure from the rules of the industrial union or branch involved in compliance with the order of the Court. Costs. [42 k .] (2.) Where, upon an inquiry, the Court finds that an irregularity has occurred, the Minister may, if he considers the circumstances to justify him in so doing, authorise payment by the State to the person who applied for the inquiry of the whole or a part of his costs and expenses (including expenses of witnesses). (2.) Where, upon an inquiry, the Court does not find that any irregularity has occurred, but certifies that the person who applied for the inquiry acted reasonably in so applying, the Minister may authorise payment by the State to that person of the whole or a part of his costs and expenses (including expenses of witnesses). (3.) Where the Minister is satisfied that, having regard to the findings of the Court upon an inquiry, it is not just that a person (not being the person who applied for the inquiry) should be required to bear, or to bear in full, any expenses (including expenses of witnesses) incurred by him in connection with the inquiry, the Minister may authorise payment by the State of the whole or a part of those expenses.

LABOUR. 1958. Industrial Conciliation, Etc., Act. (4.) Nothing in this section shall limit the power of the Court to make an order as to the costs and expenses (including expenses of witnesses) of proceedings before the Court in or in connection with an inquiry. (5.) Subject to appropriation by Parliament, all costs and expenses authorised to be paid by the Minister under this section shall be paid out of Consolidated Revenue.” 393 13. The following section is inserted afterj section New s. 4ix. 41 k of the Principal Act, as previously inserted by this mserted‘ Act:— “ [42 l .] Notwithstanding anything contained in the Ballot- rules of an industrial union or of a branch of the industrial ^^rs’ &c<’ union, an industrial union and every officer of an preserved, industrial union or branch of an industrial union who is able to do so, shall take such steps as are necessary to ensure that all ballot-papers, envelopes, lists and other documents used in connection with, or relevant to, an election for an office are preserved and kept at the office of the industrial union (or, if the election is for an office in a branch of the industrial union, at the offipe of that branch) for a period of one year after the comjpletion of the election. [ Penalty : One hundred pounds or imprisonment for twelve months, or both.” 14. The following section is inserted after New s-4lM section 41 l of the Principal Act as previously inserted by mserted- this Act:— “ [42 m .] (2.) An industrial union or a branch of an Registrar to industrial union may, in writing, request the registrar that an election for an office in the industrial union or in upon the branch (as the case may be) be conducted under thisrequest' section with a view to ensuring that no irregularity occurs in or in connection with the election. (2.) For the purposes of subsection one of this section a request by an industrial union or branch may be made— (a) By or on behalf of the committee of management of the industrial union or of the branch, as the case may be ; or

394 LABOUR. Industrial Conciliation, Etc., Act. 7 E liz . II. No. 58, (b) By a number, being not less than ten per centum, of the members of the industrial union or of the branch, as the case may be. (3.) The regulations may make provision with respect to the times at which requests may be made under this section. (4.) Where a request is made or purports to be made under this section, the registrar shall, after making such inquiries (if any) as he considers necessary, decide whether or not the request has been duly made. (5.) Where the registrar decides that a request has been duly made under this section, he shall inform the industrial union or branch accordingly, and may conduct the election, direct any deputy or assistant registrar appointed under this Act or other officer employed in the registry of the Court to conduct the election, or may make arrangements with the Principal Electoral Officer under and within the meaning of *“ The Elections Acts, 1915 to 1958,” for the conduct of the election by the said Principal Electoral Officer or by a Returning Officer under and within the meaning of *“ The Elections Acts, 1915 to 1958.” (6.) Notwithstanding anything contained in the rules of the industrial union or branch, the person conducting the election may take such action and give such directions as he considers necessary in order to ensure that no irregularities occur in or in connection with the election or to remedy any procedural defects in those rules which appear to him to exist. (7.) A person shall not— (a) Refuse or fail to comply with a direction given under subsection six of this section; or ( b) Obstruct or hinder— (i.) The person conducting an election under this section in the conduct of the election or the taking of any action under subsection six of this section ; or * 6 G. 5 "No. 13 and amending Acts.

LABOUR. 1958. Industrial Conciliation, Etc., Act. (ii.) Any other person in the carrying out of a direction under subsection six of this section. Penalty : One hundred pounds or imprisonment for twelve months, or both. (8.) The provisions of this Part III a . of this Act relating to inquiries do not apply in relation to an election conducted under this section. (9.) An election conducted under this section is not invalid by reason only of an irregularity in the request in pursuance of which the election was conducted or by reason of a breach of the rules of the industrial union or branch involved in an act done, or in compliance with a direction given, under this section. (10.) In any proceedings in connection with anything done or proposed to be done by reason of a request made or purporting to be made under this section in relation to an industrial union or a branch of an industrial union— (a) In the case of an industrial union or of a branch of an industrial union whereto the provisions of subsections three and four of section 35 a of this Act apply, the copy of the register of members, as at the thirty-first day of December next preceding the date upon which the request was made, of that industrial union or branch as varied before the date upon which the request was made in accordance with any quarterly returns referred to in the said subsection four ; or (b) In the case of an industrial union or branch of an industrial union in relation whereto a certificate of exemption issued by the registrar under subsection nine of the said section 35 a is in force, the register of members maintained by that industrial union or branch showing the members thereof as at the date when the request was made, is primd facie evidence that the persons shown in that copy register, as so varied, or, in the case of any industrial union or branch of an industrial union whereto paragraph ( b ) of this subsection applies, that register, as 395

396 LABOUR. Industrial Conciliation, Etc., Act. 7 E liz . II. No. 58, the members of the industrial union or branch were, at the date on which the request was made, the members of the industrial union or branch, as the case may be.” New s. 41 n 15. The following section is inserted after section inserted. 41 m of the Principal Act, as previously inserted by this Act:— Expenses in connection with elections under this Part. “ [42 n .] ( 1 .) Where— (a) The Court orders— (i.) A new election to be held; (ii.) Any step in or in connection with an election to be taken again; or (iii.) Any safeguards, not provided for in the rules of the industrial union or branch, to be taken in or in connection with any uncompleted steps in an election; or (b) An election is conducted under section 41 m of this Act, the expenses involved in compliance with the order of the Court or of the election conducted under section 41 m of this Act shall, to the extent prescribed by this section, be paid by the State. ( 2 .) The State shall pay— (a) The salary or other remuneration of an officer or employee of the State performing any duty in relation to the order of the Court or the election (including a person employed by the State solely for the purposes of the order of the Court or election); and ( b) Expenses in connection with the provision or use of premises provided by the State for the purposes of the order of the Court or election (including premises obtained by the State solely for the purposes of the order of the Court or election). (3.) Where the membership of the industrial union which, or a branch of which, is concerned is not more than one thousand five hundred members the State shall pay the whole of the expenses in connection with the provision of ballot-papers, envelopes, lists and other documents required for the purposes of the order of the Court or election and the despatch and return by post of any of those things.

LABOUR. 1958. Industrial Conciliation, Etc., Act. (4.) Where the membership of the industrial union which, or a branch of which, is concerned is more than one thousand five hundred members the State shall pay one-half of the expenses specified in subsection three of this section. (5.) Subject to appropriation by Parliament, all expenses prescribed by this section to be paid by the State shall be paid out of Consolidated Revenue.” 397 16. The following section is inserted after New s. 4io section 41 n of the Principal Act, as previously insertedulserted’ by this Act:— “ [2Io.] (2.) A person shall not, without lawful Offences in authority or excuse, in or in connection with an election ^£ectlon for an office — elections. (a) Personate another person to secure a ballot-paper to which the personator is not entitled, or personate another person for the purpose of voting; (6) Destroy, deface, alter, take or otherwise interfere with a nomination paper, ballot- paper or envelope; (c) Put or deliver a ballot-paper or other paper— (i.) Into a ballot-box or other ballot receptacle; (ii.) Into the post; or (iii.) To a person receiving ballot-papers for the purposes of the election ; (d) Record a vote which he is not entitled to record; (e) Record more than one vote ; (/) Forge or utter, knowing the same to be forged, a nomination paper, ballot-paper or envelope; (g) Supply a ballot-paper; (h) Obtain, or have in his possession, a ballot-paper; or (i) Destroy, take, open or otherwise interfere with a ballot-box.

398 LABOUR. Industrial Conciliation, Etc., Act. 7 E liz . II. No. 58, 1958. (2.) A person shall not, in or in connection with an election for an office— (а) Threaten, offer or suggest any violence, injury, punishment, damage, loss or disadvantage for or on account of, or to induce— (i.) Any candidature or withdrawal of candidature; (ii.) Any vote or omission to vote ; (iii.) Any support or opposition to any candidate; or (iv.) Any promise of any vote, omission, support or opposition ; or (б) Use, cause, inflict or procure any violence, injury, punishment, damage, loss or disadvantage for or on account of any such candidature, withdrawal, vote, omission, support or opposition. (3.) A person shall not threaten, offer, suggest, use, cause, inflict or procure any violence, injury, punishment, damage, loss or disadvantage for or on account of, or for the purpose of preventing, anything lawfully done or proposed to he lawfully done by a person for the purpose of causing or enabling a request to be made by an industrial union or branch of an industrial union under section 41 m of this Act, including the signing of an instrument of request or the seeking or obtaining of signatures to such an instrument. Penalty : One hundred pounds or imprisonment for twelve months, or both.” Repeal of 17. Section fifty-four of the Principal Act is s.54. repealed.