Workplace Relations Amendment Regulations 1999 (No. 5) (Cth)

Workplace Relations Amendment Regulations 1999 (No. 5)

Statutory Rules 1999 No. 205

I, WILLIAM PATRICK DEANE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under theWorkplace Relations Act 1996.

Dated 9 September 1999.

WILLIAM DEANE

Governor-General

By His Excellency’s Command,

PETER REITH

Minister for Employment, Workplace Relations and Small Business

Workplace Relations Amendment Regulations 1999 (No. 5)1

Statutory Rules 1999 No. 2052

made under the

Workplace Relations Act 1996

   

Contents

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1Name of Regulations

 These Regulations are the Workplace Relations Amendment Regulations 1999 (No. 5).

2Commencement

 These Regulations commence on gazettal.

3Amendment of Workplace Relations Regulations 1996

Schedule 1 amends the Workplace Relations Regulations 1996.

4Transitional

 The amendment made by item 2 of Schedule 1 applies in relation to an election the result of which is to be declared after the commencement of these Regulations.

Schedule 1Amendments

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(regulation 3)

[1]After regulation 60

insert

60AVoter rolls 

• (1)

  This regulation applies in relation to an election for an office in an organisation, other than an election to which the Registrar has, under section 213 of the Act, granted an exemption.

• (2)

  The roll of voters for the election must:

  • (a)

    be prepared at the direction of an electoral official; and

  • (b)

    set out opposite the name of each person on the roll the postal address of that person; and

  • (c)

    be completed within the time specified by the rules of the organisation for the completion of a roll before an election.

• (3)

  The electoral official must make the roll available for inspection and copying during the ordinary business hours at the place where the official performs his or her duties in relation to the election, in the period starting the day after the day on which the roll was completed in accordance with paragraph (2) (c), and ending 30 days after the declaration of the result of the election.

• (4)

  The electoral official must make the roll available for inspection and copying by:

  • (a)

    a member of the organisation; and

  • (b)

    any other person authorised by the electoral official.

• (5)

  The roll may be kept, and copies may be provided, electronically.

• (6)

  If a copy of a roll, or part of a roll, has been provided under this regulation, a person must not use the information obtained for any purpose other than:

  • (a)

    a purpose in connection with the election; and

  • (b)

    to monitor the accuracy of the information contained in the roll.

    Penalty:  10 penalty units.

[2]Subregulation 62 (1)

substitute

• (1)

  An application under section 218 of the Act for an inquiry into an election may be made:

  • (a)

    at any time on or before the day on which the result of the election is declared; or

  • (b)

    not later than 3 months after that day; or

  • (c)

    on a later day allowed by the Court.

[3]After subregulation 81 (2)

insert

• (2A)

  The roll may be kept, and copies may be provided, electronically.

• (2B)

  If a copy of a roll, or part of a roll, has been provided under this regulation, a person must not use the information obtained for any purpose other than:

  • (a)

    a purpose in connection with the election; and

  • (b)

    to monitor the accuracy of the information contained in the roll.

    Penalty:  10 penalty units.

[4]After subregulation 98O (2)

insert

• (2A)

  The roll may be kept, and copies may be provided, electronically.

• (2B)

  If a copy of a roll, or part of a roll, has been provided under this regulation, a person must not use the information obtained for any purpose other than:

  • (a)

    a purpose in connection with the election; and

  • (b)

    to monitor the accuracy of the information contained in the roll.

    Penalty:  10 penalty units.

[5]Subparagraph 102 (b) (ii)

omit

each branch of the organisation.

insert

each branch of the organisation;

[6]After paragraph 102 (b)

insert

• (c)

  a record of each election that must, under the rules of the organisation, be held during each year commencing 1 April:

  • (i)

    for an office in the organisation; and

  • (ii)

    for an office in a branch of the organisation.

Notes

1. These Regulations amend 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, 339, 351, 357, 435 and 436; 1993 Nos. 22, 23, 41, 61, 128 and 330; 1994 Nos. 68, 79, 185, 244, 287 and 386; 1995 Nos. 376 and 434; 1996 Nos. 80, 168, 269, 307, 328, 329 and 351; 1997 Nos. 48, 56, 101 (regulation 4 was disallowed by the Senate on 26 June 1997), 246, 281, 313, 314 (disallowed by the Senate on 25 March 1998) and 424; 1998 Nos. 187, 338 (disallowed by the Senate on 16 February 1999), 353 (disallowed by the Senate on 16 February 1999) and 354; 1999 Nos. 42, 43, 67 and 195.

2. Made by the Governor-General on 9 September 1999, and notified in the Commonwealth of Australia Gazette on 16 September 1999.