Trade Union Act of 1915 (6 Geo v No. 31) (Qld)

LABOUR. 6 GEO. V. No. 31, 1915. Trade Union Act. ss. 1-4. 6909 An Act to Amend the Law relating· to Trade 6 Geo. V. Unions and "The Criminal Code" in certain TH~ o~ ~ E P articulars • UNION AOT OF 1915. [ASSENTED TO 29TH DECEMBER, 1915.J B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Oouncil and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows : - 1. This Act may be cited as "The Trade Union Short title. Aot oj 1915." 2. This Act is divided into Parts as follows:- PART I.-TRADE UNIONS; Parts of Aet. PART II.-AMENDMEN'I'S OF " THE ORIMINAL CODE." 3. "The Trade Unions Aot, 1886,"* is repealed. Repeal of All records and other documents relating to the said;g.Vic. No. repealed Act, and filed or recorded in the office of the registrar under that Act, shall be handed over to the registrar under this Act, and be by him filed or recorded. PART 1.- PART I.-TRADE UNIONS. TRADE UNIONS. 4. In this Part, unless the context otherwise indicates, Interpreta- the following terms have the meanings set against them ~~·s. 2. respectively, that is to say:- "OertifyinO' barrister"-The Attorney-General or Certifying such 0 °ther barrl. St er as the Governor i . ll 0 ouncilbarriste. r. . may appoint to be certifying barrister for the. purposes of this Act; "Industrial dispute" -An industrial dispute as I~ du8trial defined by "The Industrial Peaoe. Aot ojdlspute. 1912"t; "Minister"-The Minister of the Orown charged Minister. for the time being with the administration of this Act; * 50 Vie. No. 29, 8upra, page 1332. t 3 Geo. V. No. 19, supra, page 5467.

6910 PABTI.- TRADE UNIONS. s.4. LABOUR. Trade Union Act. 6 GEO. V. No. 31, Political objects. 2 &3 Geo. 5 c. 30, s. 3. Public office. lb. s. 3. Registered. Registrar. Statutory objects. lb. B. 1. " Political objects "-The expenditure of money- (a) On the payment of any expenses incurred either directly or indirectly by a candidate or prospective candidate for election to Par- liament or to any public office before, during, or after the election in connection with his candidature or election; or . (b) . On the holding of any meeting or the dis- tribution of any literature or documents in support of any such candidate or prospective candidate; or (c) In connection with the registration of elec- tors or the selection of a candidate for· Parliament or any public office; or (d) On the holding of political meetings of any kind, or on the distribution of political literature or political documents of any kind; "Public office"-The office of member of any Local Authority or of any local public body which has power to raise money, either directly or indirectly, by means of a rate; " Registered"-Registered under this Act; "Registrar"-The Director of Labour appointed under" The Labour Exchanges Act of 1915 ,,* or other officer appointed by the Governor in Council to be registrar for the purposes of this Act; "Statutory objects" - The regulation of the relations between workmen and employers, or between workmen and workmen, or between employers and employers; the imposing of restrictive conditions on the conduct of any trade, calling, business, or industry; the pro- motion of the general and material welfare of members of trade unions, and the enforcement and defence of their rights and privileges; the assistance by federation or otherwise of kindred organisations having the like objects; also the establishment and maintenance of newspapers or political objects as· herein defined if combined with all or any of the aforesaid objects; and also the provision of benefits to members of trade unions; . it 6 Geo. V. No. 6, supra, page 6851.

1915. LABOUR. 1'rade Uwion Act. ss. 5-7. 6911 PART I.- TRADE UNIONS. "Trade Union"-Any combination, whether tem- Trade Union. por~ ry or permanen~ , the pri.ncil?al objects of: . ~ ; ' s~ ~ ~ · 5 whIch are under Its constitutIon statutory objects. • 5. Except as hereinafter provided, "The Cornpanips Companies Acts " 1863 to 191;) ,,* and "The FJ'iendly Societie.'! Act o , fA F e r . i l e s nadnlyd 1~13, " t and any Acts amending the same respectively, shall Societies Act 'not apply to any Trade L'nion • n 3 o 4 t & to 35 apVPl. Clyt.. • The reO b 'istration of any Trade Union u • nder a . ny of the 3 c. 93 & 1, 4 s 0 . 5V. l.Ct. -saId Acts, whether before or after the passmg of thIS Act, c. 22, s. 2. :shall be void. But a Trade Union, whether registered or unregistered, which insures or pays money on the death of a child under ten years of age shall be deemed to be within the 'Provisions of rule twenty-eight of the Second Schedule of " The Friendly Societies .Act of 1913."t 6. The Governor in Council may from time to time Regist:ar, ·appoint a reO b 'istrar and such other officers as may be bcearrtrlifsytmerg, &c. necessary for the administration of this Act, and appoint a barrister of the Supreme Court of Queensland to be the ·certifying barrister for the purposes of this Act. 7. (1.) Any seven or more members of a Trade Union Registration may, upon subscribing their names to the rules of the ~ 'frade union, and otherwise complying with this Act with respect 34n~~~ Vict. to registration , reO 0 'ister such union under this . i\ . .c . t c2. & 31 3 , s G . e6o.. 5 (2.) An application to register a Trade Union and c. 30, s. 2. printed copies of the rules, together with a list of the titles ·and names of the officers, shall be sent to the registrar .accompanied by a fee of two guineas to be paid to the ·certifying barrister for his own use. (3.) Where a Trade Union applying to be registered has been in operation for more than a year before the date -of the application, there shall also be delivered to the registrar before the registration thereof a general state- ment of the receipts, funds, effects, and expenditure of ·such union in the same form, and showing the same particulars, as if it were the annual general statement required as hereinafter mentioned to be transmitted .annually to the registrar. (4.) The registrar shall not register any com- ;bination as a Trade Union unless in his opinion, having * 27 Vic. No. 4 and amending Acts, pages 186 et seq. and 5829. t 4 Geo. V. No. 13, supra, page 5991.

6912 PART 1.- TRADE UNIONS. ss. 8, 9. LABOUR. Trade Union Act. 6 GEO. V. No. 31, regard to the constitution of the combination, the principal objects of the combination are statutory objects. (5.) No rrrade Union shall be registered under a name identical with that by which any other existing Trade Union has been registered, or so nearly resembling such name as to be likely to deceive the members or the public. (6.) The registrar shall submit such rules for the- approval of the. certifying barrister, who, upon being satisfied that the union has complied '\\ith the provisions. of this Act with respect to registration, and that such rules. are in conformity with this Act, and that the purposes of the union are lawful, shall issue a certificate to that effect ;. and the registrar shall thereupon register such union and such rules. (7.) The registrar, upon registering a Trade Union•. shall issue a certificate of registration, which certificate, soo long as it is in force, shall b~ conclusive evidence that the provisions of this Act with respect to registration have been complied with, and of the validity of the registration. (8.) No amendments of any of the rules of a registered Trade Union shall be valid until the same have been in like manner submitted to and certified by the certifying- barrister and registered by the registrar. Everyapplica- tion for the registration of any amendment of such rules shall be accompanied by a fee of one guinea, which shall be paid to the certifying barrister for his own use. (9.) Every existing Trade Union heretofore registered under the Act hereby repealed shall be deemed to be alsOo registered for the purposes of this Act, and shall be subject in all respects to this Act, unless the certifying barrister,. within six months after the passing of this Act,. by notice in writing to the Trade Union, disapproves of any of the rules of such union or requires such union to, be re- registered, in either of which cases the registration of the union shall become void. Ru~ es of 8. (1.) The rules of every registered Trade UnioTh TrergaIdseteUrendions. S ha11 contaI.n provI.sI.O.ns.In respect 0 f the severa1 matters 34 & 35 Vict. mentioned in the First Schedule to this Act. c. 31, s. 14. Sched.1. (2.) A copy of the rules shall be delivered by the union to every person on demand, on payment of a sum not exceeding one shilling. Registere,d 9. (1.) Every registered Trade Union shall have a. ~ ~ ~ ~ n~ nrade registered office to which all communications and notices 34 & 35 Vict. may be addressed. c. 31, s. 15.

1915. LABOUR. Trade Union Act. s. 10. 6913· PART I.- TRADE UNIONS. (2.) If any registered 'rrade Union is in operation for seven days without having such an office, such union and every officer thereof shall each be liable to a penalty not exceeding five pounds for every day during which it is so in operation. (3.) Notice of the situation of such registered office, and of any change therein, shall be given to the registrar and recorded by him; and until such notice is given the union shall not be deemed to have complied with this Act. 10. (1.) No certificate of registration of a Trade Can~ elh\ tion Uni • on shall b • e with • drawn or cancelled except by the o o r f w c l e t r ~ t d 1 r 6 a .c w a a t . e l . : regIstrar, and III the followmg cases : - , 39 &; 40 Vict. (i.) At the request of the union, to be evidenced in ~ . ~23 G: ~ . 5- such manner as the registrar may from time 11. 30, s. 2. to time direct; or (ii.) On proof to the satisfaction of the registrar that- (a) The certificate of registration has been obtained by fraud or mistake; or (b) The registration of the union has become void under the provisions hereinbefore contained; or (a) 'l'he constitution of the union has been altered in such a manner that the principal objects of the union are no longer statutory objects; or (d) The principal objects for which the union is actually carried on are not statutory objects; or (e) The union has wilfully and after notice from the registrar violated any of the provisions of this Act; or (f) The union has ceased to exist. (2.) Not less than two months' previous notice in writing, specifying briefly the ground of any proposed withdrawal or cancellation of a certificate, shall be given by the registrar to the union before its certificate of registration can be withdrawn or cancelled, except at its request, unless the registration has become void as aforesaid in which case it shall be the duty of the registrar to cancel the certificate forthwith. (3.) A Trade Union whose certificate of registration has been withdrawn or cancelled shall, from the time of such withdrawal or cancellation, absolutely cease to enjoy

~ 914 PART I.- TRADE UNIONS. ss. 11-13. LABOUR. . Trade Union Act. 6 GEO. V. No. 31, the privilpges of a registered Trade Union, but without "(>rejudice to any liability actually incurred by such union, which may be enforced against it as if such withdrawal or cancellation had not taken place. Certificate 11. Any unregistered Trade Union may, if it thinks cthoamtbination fit, at any time without registering the union, apply to is a Trade the registrar for a certificate that the union is a Trade 2 Un & io 3 n. Geo. 5 Union within the meaning of this Act, and the registrar, c.30, 8.2. if satisfied, having regard to the constitution of the union and the mode in which the union is being carried on, that the principal objects of the union are statutory objects, and that the union is actually carried on for those objects, shall grant such certificate, but the registrar may, on an applicatio:p. made by any person to him for the purpose, withdraw any such certificate if satisfied, after giving the union an opportunity of being heard, that the certificata is no longer justified. A certificate of the registrar that a Trade Union is a Trade Union within the meaning of this Act shall, so long as it is in force, be conclusive for all purposes. Appeal. lb. s. 1. 12. If the registrar refuses to register a combination as a 'l'rade Union, or any rules, or refuses to give a certificate that an unregistered Trade Union is a Trade Union within the meaning of this Act, or withdraws or cancels a certificate of registration of a Trade Union, or a certificate that an unregistered 'Trade Union is a Trade Union within the meaning of this Act, or the certifying barrister refuses to issue a certificate undei:' this Act, or give8 notice of his disapproval of any of the rules of an existing registered Trade Union, or requires it to be re- registered, the combination, union, or any person aggrieved may appeal to the Industrial Court established under" rPhe Industrial Peace Act of 1912."* Rules of Court may be made under that Act· as to the time and form of appeals. and the hearing thereof, and otherwise in relation thereto. Objects other 13. The fact that a combination has under its constitu- ~ ~ :c~ !~ tutory tion objects or powers other than statutory objects shall Ib not prevent the combination being a Trade Union for the purposes of this Act so long as the combination is a'rrade Union as defined by this Act, and shall have power to apply the funds of the union for any lawful objects or purposes for the time being authorised under its con- stitution. ... 3 Geo. V. No. 19, 8upra, page 5467.

1915. LABOUR. Trade Union Act. ss. 14-17. 6915 PART I.- TRADE UNIONS. 14. A Trade Union may, with the approval in writing Change of of the Registrar and the consent of the members obtained ~ : ~ e35 Vict. in accordance with its rules, change its name. c. 31, s. 11. No such change of name shall affect any right or obligation of the union or of any member thereof, and any pending legal proceedings may be continued by or against tht-l trustees of the union or any other officer who may sue or be sued on behalf of the union notwithstanding its new name. 15. Any two or more Trade Unions may, with the Amalgama- consent of the members of each such union obtained il~ . n~ ~ . 12,13. in accordance with the rules of each such union respec- tively, become amalgamated as one Trade Union, with or· without any dissolution or division of the funds of such unions, or either or any of them; but no amalgamation shall prejudice any right of a creditor of either or any union party thereto. 16. Notice in writing of every change of name or Registration amalO'amation_ b of changes of nallles and ( a) In the case of a change of name, signed by a.malgama- seven mem b el'S an d coun t ersl · gne d b y . the t l lO b l . 1S s. . 13. secretary of the Trade Union changing its name, and accompanied by a statutory declara- tion by such secretary that the provisions of this Act with respect to changes of name have been complied with; and (b) In the case of an amalgamation, signed by seven members and countersigned by the secretary of each and every Trade Union party thereto, and accompanied by a statutory decla- ration by ea.ch and every such secretary that the provisions of this Act with respect to amal- gamations have been complied with; shall be sent to the registrar, and registered by him. Until such change of name or amalgamation IS so registered, the same shall not take effect. 17. A person under the age of twenty-one :but above Membership- the age of sixteen may- of minors .. lb. s. 9. (a) Be a member of a Trade Union~ unless provi- sion is made in the rules thereof to the contrary, and (b) Subject to the rules of the union, enjoy all the rights of a member except as herein provided" and

{)916 PART 1.- TRADE UNIONS. ss. 18-21. LABOUR. Trade Union Act. 6 GEO. V. No. 31; (c) } ~xecute all instruments and give all acquit- tances necessary to be executed or given under the rules, but shall not be a member of the committee of manage- ment, trustee, or treasurer of the union. Nomination. 18 A member of a Trade Union not beinO' under the - 3 c. 4 3 & 1, 3 s 5 .1 V 0 i . ct. age 0 f • S . IX t een years may, by w·rltm. g un d e O r h· IS h ana ' ., delivered at or sent to the registered office of the union, nominate any person not being an officer or servant of the union (unless such officer or servant of the union is the husband, wife, father, mother, child, brother, sister, or niece of the nominator), to whom any moneys payable on the death of such member not exceeding fifty pounds shall be paid at his decease, and may from time to time revoke or vary such nomination by a writing under his hand similarly delivered or sent. On receiving satisfactory proof of the death of' a nominator the union shall pay to the nominee the amount due to the deceased member, not exceeding the sum aforesaid. Application (If funds 19. Any Trade Union shall have power to apply its generally. funds for any lawful objects or purposes for the time being authorised under its constitution. Buildings.for 20. (1.) A registered Trade Union may purchase or " ~ : 1~ eUmons take upon lease in the names of the trustees for the time purchased or being of such union any land, and may sell, exchange, ie:.s:\ mortgage, or let the same; and no purchaser, assignee, mortgagee, or tenant shall be bound to inquire whether the trustees have authority for any sale, exchange, mort- gage, or letting; and the receipt of the trustees shall be a discharge for the money arising therefrom. (2.) For the purpose of this section every branch of a Trade Union shall be considered a distinct union. Property of 21. (l.) All real and personal property whatsoever tu hme. oTnrsadvees t e d belongin · g to a · registered 'l'racle Union shall be vested • in in trustees. and be under the control of the trustees for the tIme lb. s. 8. being of the union for the use and benefit ,of the union and the members thereof. The real or personal property of any branch of a Trade Union shall be vested in and be under the control of the trustees of such branch, unless the rules of the union provide that it shall be vested in and be under the control of the trustees of the union, in which case it

LABOUR. s.22. 6917 1915. Trade Union Act. PART 1.- TRADE UNIONS. shall be vested in and be under the control of such last- mentioned trustees accordingly. (2.) Upon the death or removal of any trustee the same 'Shall vest in the continuing or succeeding trustees for the 'Same estate and interest as the former trustees had therein, and subject to the same trusts, without any conveyance or assignment whatsoever. In all actions or proceedings, whether civil or criminal, before any court touching or concerning any such property, the same shall be stated to be the property of the person ()r persons for the time being holding the said office of trustee, in their proper names, as trustees of such union, without any further description. 22. Every secretary or other officer of a registered Secretaries, Trade Union shall, at such times as are prescribed b . y its & acrc. , otuou t . rules, render to the trustees, and shall, at such other tImes 34 & 35 Vict. as may be required by a resolution of the members, render c. 31, s. 11. to such members, at a meeting of the union, a just and true account of all moneys received and paid by him since he last rendered the like account, and of the balance then remaining in his hands, and of all bonds or securities of the union. The trustees shall cause such account to be audited by such auditor or auditor.s as the union may in accordance with its rules appoint, or if no such appointment is made, or if the registrar is dissatisfied with the manner in which any audit is made, or with the general statement herein- after mentioned, then by such auditor or auditors as he may appoint, and the cost of such audit shall be borne by the union. Such secretary or other officer shall, if thereunto required, upon the said account being audited, forthwith hand over to the trustees the balance which on such audit appears to be due from him, and shall also, if required, hand over to such trustees all securities and effects, books, papers and property, of the union in his hands or custody. If he fails to do so, the trustees may sue him in any court of competent jurisdiction for the balance appearing to be due from him upon the account last rendered by him, and for all the moneys since received by bim on account of the union, and for the securities and effects, books, papers, and property, in his hands or. custody, leaving him to set off in such action the sums, if any, which he may have since paid on account of the union;

6918 PABTI.- TRADE UNIONS. ss. 23, 24. LABOUR. Trade Union Act. 6 GEO. V. No. 31, and in such action the trustees shall be entitled to recover their full costs of suit, to be taxed as between solicitor and client. Duties of 23. Every officer of a registered Trade Union shall 5 of 8 fiVceicrs. 'N&oc. . 17, from tI' me t 0 tI' me fUrnI. Sh t 0 t he regI.st rar such'Informat' IOn 1.14 (1) (d). with respect to the funds and accounts of the union as he may require, and, if the registrar has cause to believe that the books or accounts of such union are improperly kept, shall from time to time comply with the requirements of the registrar in relation to the books and forms of account kept or to be kept, and the entries made or to be made therein, and the manner in which such entries are made or are to be made therein. The registrar may at any time require the production to him or to an auditor or auditors appointed by him of any books of the union. Any such officer who acts in contravention of this section shall be liable, on complaint of the registrar or any person authorised by him in that behalf, to a penalty not exceeding fifty pounds. Annual 24. A general statement of the receipts, funds, effects, bsteaptermepeanrted to as and expend 1 'ture 0 f every regI.st ered Trade Unl' On sha11 1" ~ gistrar may be transmitted to the registrar before the first day of ~ ~~ ~ 5 Vict. February in every year, and shall show fully the assets c. 31, s. 16. and liabilities at the date, and the receipts and expendi- ture during the year preceding the date, to which it is made out; and shall show separately the receipts and expenditure in respect of the several funds of the union, and shall be prepared and made out up to the thirty-first day of December next preceding, and in such form and comprising such particulars as the registrar may from time to time require. Every member of and depositor in the union shall be entitled to receive, on application to the treasurer or secretary of the union, a copy of such general. statement, without making any payment for the same. Together with such general statement there shall be sent to the registrar a copy of all alterations of rules and new rules and changes of officers made by the union during the preceding year, and a copy of the rules of the union as they exist at the date up to which the general statement is made out. Every Trade Union which fails to comply with or acts in contravention of this section, and also every officer of

1915. LABOUR. Trade Union Act. ss. 25,26. 6919 PART I.- TRADE UNIONS. the union so failing, shall each be liable to a penalty not exceeding five pounds for each offence. Every person who wilfully makes or orders to be made any false entry in or any omission from any such general statement, or in or from the return of such copies of rules or alteration of rules, shall be liable to a penalty not exceeding fifty pounds. 25. If any officer, member, or other person being Punishment ' o r rrardeeprUesIel' Inotni, ngorhimthseelfnotmo' Ibneee, a emxeemcubteorr, oafd'am" IrneIgsitsrtaeOtrre, dmfwoonirthehyo, ld&inc.g or assignee of a member thereof, or any other person 3, & 55 Vict. whatsoever, by false representation or imposition obtains c. 31, s. 12. possession of any moneys, securities, books, papers, or other effects of such union, or, having the same in his possession, wilfully withholds or fraudulently misapplies the same, or wilfully applies any part of the same to purposes other than those expressed or directed in the rules of such union, any police magistrate, upon a complaint made by any person on behalf of such union, may order such officer, rp.ember, or other person to deliver up all such money, securities, books, papers, or other effects to the union, or to repay the amount of money applied improperly, and to pay, if the court thinks fit, a ftlrther sum of money not exceeding twenty pounds, together with costs not exceeding forty shillings. In default of such delivery of effects, or repayment of such amount of money, or payment of such penalty and costs aforesaid, the police magistrate may order the person so convicted to be imprisoned, with or without hard labour, for any time not exceeding three months: Provided that nothing herein contained shall prevent the person guilty of such offence from being proceeded against by information; but no person shall be proceeded against by information if he has been previously con- victed of the same offence under this· Act. 26. If a Trade Union fails to give any notice or send Penalty for . any docume.nt which it is required b•y this Act to give fnaoitlI? Cree to give or send, such union and every officer or other person 39 & 40 Vict. bound by its rules to give or send the same, or if there c. 22, s. 15. is no such officer, then every member of the committee of management of the union, unless he is proved to have been ignorant of or to have attempted to prevent the omission to give or send the same, shall be liable to a penalty not exceeding five pounds and not less than one L

6920 PART 1.- TRADE UNIONS. s.27. LABOUR. Trade Union Act. 6 GEO. V. No. 31, pound, recoverable upon complaint of the registrar or of any person aggrieved, and to an additional penalty of the like amount for each week during which the omission continues. How union may be dissolved. 59 & 60 Vict. c. 25, ss. 78, 79. 27. (1.) A Trade Union may be dissolved- (a) Upon the happening of any event declared by the rules to be the termination of the union; or (b) Bv the consent of three-fourths of the members, t~stified by their signatures to the instrument of dissolution. (2.) The instrument of dissolution shall set forth- (a) The liabilities and assets in detail; Cb) The numher of members and the nature of their respective interests; (c) The claims of creditors (if any) and the provision to be made for their payment; (d) '1'he intended appropriation or division of the funds and property. Alterations in the instrument of dissolution may be made with the like consents as hereinbefore provided, testified in the Sfl,me manner. Statutol"V declaration. (3.) A statutory declaration shall be made by one of the trustees or by three members and the secretary that this _I\ct has been complied with, and shall be sent to the registrar with the instrument of dissolution. Any person who makes a false or fraudulent declara- tion in the matter shall be liable to a penalty not exceed- ing fifty pounds. Registry of instrument. (4.) The instrument of dissolution and all alterations therein shall be registered in manner provided by this Act for the registry of rules, and shall be binding upon all the members. Notice of <lis8olution. (5.) The registrar shall cause a notice of the dissolution to be advertised at the expense of the union in the Gazette and in some newspaper generally circulating in the district where the principal office of the union is situated. Effect of dissolution. (6.) Unle!'s within three months from the date of the Gazette in which such advertisement appears a member or other person interested in or having any claim on the funds commences proceedings to set aside the dissolution, and such dissolution is set aside accordingly, the union shall be legally dissolved from the date of such advertise-

1915. LABOUR. Trade Union Act. ss. 28, 29. 6921 PART I.- TRADE UNIONS. ment, and the requi~ ite consents to the instrument of dissolution shall be considered to have been duly obtained without proof of the signatures thereto. (7.) If any member of a dissolved union, or person Appeal. 'Claiming any other benefit from the funds thereof, is dissatisfied with the provisions made for satisfying his -claim, such member or other person may, by a plaint, apply to the District Court of the district within which the principal office of the union is situated for relief or other order. Such Court shall have jurisdiction to hear and deter- mine the matter, and for' that purpose the plaint shall be deemed to be the commencement of an action in such Court. 28. (1). An act done in pursuance of an agreement ~ e~ triction. of or combil'la~ion by two or more per~ ons sh.all, ~ f done in ~ ~ v: t: setmedleB <lontemplatwn or furtherance of an mdustrlal dIspute, not individuals. be actionable unless the act, if done without any such~ . ! ? ~ ~ s: 1, 3. agreement ,or combination, would be actionable. (2.) An act done by a person in contemplation or ~e~ ~val of fur 4 IJ herance of an industrial • di • spute shall not be action- ~ r l n a t b e l r l f r e t r Y r . n f g ° r able on the ground only that It mduces some other person with a!'other to break a contract of employment or that it is an inter- b~ ~~ ~ ~s~ , &c. ference with the trade, business, or employment of some other person, 0.1' with the right of some other person to dispose of his capital or his labour as he wills. 29. (1.) The trustees of a registered Trade Union, or Actions, ~c. , any other offi·cer of such union who may be authorised ~ ! u~ [ e: ! , a~ ~ ~ t :so to do by the rules thereof, is hereby empowered to 34 & 35 Vict. bring or defend, or cause to be brought or defended, any c. 31, ss. 9,10. action, prosecution, or complaint in any court, touching or concerning any property, or any right or claim to property, -of the union; and shall and may, in all cases concerning any property of the union, sue and be sued in any court of justice, in their proper names, without other description than the title of their office. No such action, prosecution, or complaint shall be dis- <lontinued or shall abate by the death or removal from office of such persons or any of them, but the same shall .a,nd may be proceeded in by their successor or successors as if such death, resignation, or removal had not taken place; and such successors shall payor receive the like <losts as if the action, prosecution, or complaint had been .commen.ced in. their names on behalf of the union.

G922 PART I.- TRADE UNIONS. ss. 30-32. LABOUR. Trade Union Act. 6 GEO. V. No. 31, Any summons or other process issued against any such trustee or other officer may be served by leaving the same at the registered office of the union. Limitat.io? of (:2.) A trustee of a registered Trade Union shall not roefdtprouust> elebs, h. ty be l l ' a ble t 0 mak ~ e good any de fi C . lency whI'Ch may arI.se or happen in the funds of such union, but shall be liable only for the moneys which are actually received by him on account of such union. Pr~ hibition of 30. (1.) An action against a trade union, or agt;tinst a ac g t a I m ~ m s 8 t otrfatdoert an.v members or officials thereof on behalf of themselves unions. and all other members of the trade union in respect of 6 c. R47 d , w s . . 7 -i , . any tortious act alleged to have been committed by or on behalf of the trade union, shall not be entertained by any Court. 34 & 35 Vict. (2.) Nothing in this section shall affect the liability c. 31, s. 9. of the trustees of a trade union to be sued in the events. provided for in the last preceding section hereof, except in respect of any tortious act committed by or on behalf of the union in contemplation or in furtherance of an indus- trial dispute. Tradeynion 31. The purposes of any Trade Union shall not, by nnoort curnImlamwaful l. reason merely that they are I.n restra.mt 0 f trade, b e. 39 & 40 "Viel,. deemed to he unlawful- c.22, ss. 3,4. (a) So as to render any member of such Trade Union liable to a criminal prosecution for conspiracy or otherwise; or (b) So as to render void or voidable any agreement or trust. Trade Dnion 32. Nothing in this Act shall enable any court to' ~ : l~ a~ ~ ~ entertain any legal proceeding instituted with the object enforceable. of enforcing or recovering damao-es for the breach of any 5s.0 2 V 6 i . c. No. 29, 0 f theo f 1.1ow. mg agreements, nam b e1y : - (1) Any agreement between members of a Trade D nion as such, concerning the conditions on which any members for the time being of such union shall or shall not sell their goods,. transact business, employ or be employed; (2) Any agreement for the application of the funds of a Trade Union- (a) To provide benefits to members; or (b) To furnish contributions to any employer or' workman not a member of such union, in consideration of such employer or workman ac~ ing in conformity with the rules of such umon; or

1915. LABOUR. Trade Union Act. ss. 33-35. 6923. PART 1.- TRADE UNIONS. (c) To discharge any fine imposed upon any person by sentence of a court of justice; or, (0) Any agreement made between one Trade Union and another; or (4) Any bond to secure the performance of any of the above-mentioned agreements. 13ut nothing in this section shaH be deemed to constitute any of the above-mentioned agreements unlawful. 33. Nothing in this Act shall affect- Exception. (1) Any agreement between partners as to their 3c.4 3 & 1, 3s5. 2 V 3 i . ct. own business; (2) Any agreement between an employer and those employed by him as to such employment; (3) Any agr8ement in consideration of the sale of the goodwill of a business or of instruction III any profession, tra,de, calling, or handicraft. 34. (1.) AH offences against this Act may be Summary p 1 r 8 o 8 s 6 ec to ut1e9d0i9n. " a * summary ,vay under " The Justices Acts,l?Tpfooercneaoleftfdieeinsnc,ge& ss, c. (2.) A person who is:m employer, or the father, son, Ib. s. 2l. ·or brother of' an employer, in the particular manufacture, trade, or business in or in connection with which any offence under this Act is charged to have been committed, shaH not act as a member of a court l:efore which any matter is brought under this Act. 35. (1.) The Governor in Council may from time to Regulations. iime make regulations respecting registration of Trade Unions under this Part of this Act, and respecting the seal (if any) to be used for the purposes of such registration, and ihe forms to be used for ·such registration, and the inspection of documents kept by the registrar under this Act, and respecting the fees (if' any) to be paid on registration, not exceeding the fees specified in the Second Schedule to this Act, and generally for carrying this Act into effect. ( ~ . ) All such regulations shall be published in the Gazette, and thereupon shall be of the same effect as if ihey were contained in this Act. Such regulations shall be laid before both Houses of Parliament within fourteen days after such publication, if' * 50 Vie. No. 17 and amending Acts, supra. pages 1132 et seq.

6924 PART 1.- TRADE UNIONS. ss. 36,37. LABOUR. Trade Union Act.. 6 GEO. V. No. 31, Parliament is in session, and, if not, then within fourteen. days after the commencement of the next session. (3.) If either House of Parliament passes a resolution. disallowing any such regulation, of which resolution notice has been given at any time within fourteen sitting days of such House after such regulation has been laid before it,. such regulation shall thereupon cease to have effect, but without prejudice to the validity of anything done in the: meantime. PARTII.- AMENDMENTS OF "THE CRIlI1INAL PART II.-A.MENDMENTS OF "THE CRIMINAL CODE." oAfm B C e . O l 5 l 3 n D 4 m E . . e " nt Orim 3 in 6 a . l I O n o s d e e c ," ti * onthfeivpeahraugnrdarpehd b a e n g d in t m h n i g rt ~ vw-fiotuhr tohfe " w T o h rd e " Attending" and ending with the word "section" is repealed, and the following paragraphs are inserted in lieu thereof:- It is lawfulfor one or more person or persons acting in contemplation ofor during the continuance of any industrial dispute to attend peaceably and in a reasonable manner at or near a house or place where a person resides or works or carries on business, or happens to be, if he or they s(} attend merely for the purpose of obtaining or com- municating information, and such attending is not deemed a besetting within the meaning of this section. Notification or warning of an intention to lock out. or strike, or of an intention on the part of any workman or workmen to refuse to enter into or continue in the employment of any employer, is not deemed a threat or- intimidation or molestation or obstruction within the· meaning of this section. The following definition is added to the said section:- . For the purposes of this section- "Industrial dispute" has the same meamng as m. " Tile .Industrial Peace Act of 1912."t 37. A.fter section five hundred and forty-three ot "The Oriminal Oode,"* the following section is, inse1l'ted under the following breviate :- Industrial Disputes. 38 & 39 Vict. [543 A.] Notwithstanding anything cOrlltalilJJJed iin sec- c. 86, s. 3. tion five hundred and thirty-four or the last preceding * 63 Vic:No. 9, Soh. I., 8upra, page 344. t 3 Geo. V. No. 19, 8upra, page 5467.

LABOUR. 8ch. I., 11. 6925 PARTII.- 1915. Trade Union Act. AMENDMENTS OF "THE CRIMINAL section, no act done or omission made by any two or more CODE." persons in contemplation or furtherance of any industrial dispute, and no agreement or combination by any two or more persons to do any act or make any omission or to procure any act to be done or omission to be made in contemplation or furtherance of any industrial dispute, shall render any of such persons guilty of any offence if such act or omission when done or made by an individual person would not have rendered such person guilty of an offence. For the purposes of this section, the expression "industrial dispute" has the same meaning as in " The Ind,ustrial Peace Act of 1912."* . SCHEDULES. :FIRST SCHEDULE. 34 & 35 Vict. Matters to be provided for by the Rules Dj Reqistered Trade Unions. cl" st 3S 1. c h e d u 1 e. 1. The name of the Trade Union and place of meeting for the business of the Trade Union. 2. The whole of the objects for which the Trade Union is to be established, the purfJ0ses for which the funds thereof are to be applicable, and the conditions under whieh any member may become entitled to any benefit assured thereby, and the fines and forfeitures to be imposed on any member of such Trade Union. The keeping separate accounts of all moneys received or paid on account of every particular fund, and the keeping separate accounts of the expenses of management and of all contributions on account thereof. 3. The manner of makin~ , altering, amending, and rescinding rules. 4. A provision for the appointment and removal of a general com- mittee of management, of a trustee or trustees, a secretary, and other offic['rs. 5. ~ - t provision for the investment of the funds, and for an annual or periodical audit of accounts. 6. The inspection of the books and names of members of the Trade Union by every person having an interest in the funds of the Trade Union. 7. The appropriation or division of the funds and property upon the dissolution of the Trade Union. SECOND SCHEDULE. Maximum Fees. For registering a Trade Union For registering alterations in rules For inspection of documents * 3 Geo V. No. 19, 8upra, page 5467. £ s. d, 10 Q o 10 0 026 34 & 35 Vict. e.31. 2nd Schedule.