Industrial Relations Regulations (Amendment) (Cth)

 

Statutory Rules 1992

No. 351 1

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Industrial Relations Regulations 2 (Amendment)

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Industrial Relations Act 1988.

 Dated 2 November 1992.

 BILL HAYDEN

 Governor-General

 By His Excellency’s Command,

PETER COOK

Minister of State for Industrial Relations

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1.   Amendment

1.1   The Industrial Relations Regulations are amended as set out in these Regulations.

[NOTE: These Regulations commence on gazettal: see Acts InterpretationAct 1901 s.48]

2.   Regulation 43 (Organisations of employees to lodge annual statements concerning number of members)

2.1   Paragraph 43 (1) (a):

Omit “year;”, substitute “year,”.

2.2   Subparagraph 43 (1) (a) (ii):

Omit the subparagraph, substitute:

• “(ii)

  employees or independent contractors; and”.

3.   Regulation 48 (Application for consent to change of name or alteration of eligibility rules of an organisation)

3.1   Subregulation 48 (1):

Omit “to be given under subsection 204 (1) of the Act.”, substitute:

“under subsection 204 (1) of the Act to:

• (a)

  a change in the name of the organisation; or

• (b)

  an alteration of the eligibility rules of the organisation.”.

3.2    Paragraph 48 (2) (b):

Omit the paragraph, substitute:

• “(b)

  stating:

  • (i)

    if the application is for consent to a change in the name of the organisation—the proposed name and the reason for the proposal; or

  • (ii)

    if the application is for consent to an alteration of the eligibility rules of the organisation—the proposed alteration, the reason for the proposal and the effect of the proposal, in sufficient particularity to allow the proposal to be properly considered; and

• (c)

  stating:

  • (i)

    that the change or alteration was made in accordance with the rules of the organisation; and

  • (ii)

    the action taken under those rules to make the change or alteration; and

  • (iii)

    that the particulars set out in the application are true and correct to the best of the knowledge and belief of the signatory; and

• (d)

  if the application is for consent to an alteration of the eligibility rules of the organisation—that has with it a copy of the rules that are proposed to be altered.”.

3.3   Add at the end:

“(5)

If an application under subregulation (1) or the written statement accompanying the application is not in accordance with the requirements of this regulation, a Registrar must tell the applicant why the application or statement does not comply with those requirements.”.

4.   Regulation 49 (Notification of application for consent to change of name etc.)

4.1   Omit the regulation, substitute:

Notification of application for consent to change of name or alteration of eligibility rules

“49.

(1) A Registrar must as soon as practicable after:

• (a)

  receipt of an application in accordance with regulation 48—publish in the Gazette notice of receipt of the application; and

• (b)

  publication of the notice—give a copy of the notice to each registered organisation.

“(2)

The notice must include:

• (a)

  the matters referred to in subparagraph 48 (2) (b) (i) or (ii); and

• (b)

  in the case of an application for consent to an alteration of the eligibility rules of the organisation—a copy of those rules:

  • (i)

    as in force immediately before the alteration; and

  • (ii)

    as if the application had been granted and the alteration to the rules were in force.”.

5.   Regulation 53 (Alteration of other rules of organisations)

5.1   Subparagraphs 53 (2) (a) (i), (ii) and (iii):

Omit the subparagraphs, substitute:

• “(i)

  that the alteration was made in accordance with the rules of the organisation; and

• (ii)

  the action taken under those rules to make the alteration; and

• (iii)

  that the particulars set out in the notice are true and correct to the best of the knowledge and belief of the signatory; and”.

 

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 9 November 1992.

2. Statutory Rules 1989 No. 12 as amended by 1989 Nos. 107 and 288; 1990 Nos. 328 and 461; 1991 Nos. 9, 11, 73, 137 and 366; 1992 Nos. 81, 139, 158 , 232, 274. and 339.