Workplace Relations Amendment Regulations 2003 (No 1) (Cth)

Workplace Relations Amendment Regulations 2003 (No. 1)1

Statutory Rules 2003 No. 812

I, PETER JOHN HOLLINGWORTH, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Workplace Relations Act 1996.

Dated 1 May 2003

PETER HOLLINGWORTH

Governor-General

By His Excellency’s Command

TONY ABBOTT

Minister for Employment and Workplace Relations

1Name of Regulations

These Regulations are the Workplace Relations Amendment Regulations 2003 (No. 1).

2Commencement

These Regulations commence on 12 May 2003.

3Amendment of Workplace Relations Regulations 1996

Schedule 1 amends the Workplace Relations Regulations 1996.

Schedule 1Amendments

(regulation 3)

  

[1]Regulation 2, definition of the Act

omit

Workplace Relations Act 1996.

insert

Workplace Relations Act 1996, but does not include Schedule 1B to that Act or regulations made under that Schedule.

[2]Part VII, heading

substitute

Part VIIEntry and inspections by organisations

[3]Part VII, Divisions 1–7

omit

[4]Part VII, Division 8, heading

omit

[5]Regulations 106–109

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[6]After regulation 109C

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109DEndorsement of conscientious objection certificate (Act s 285C)

An application under subsection 285C (4) of the Act must contain a declaration signed by the employer stating that:

1. (a)

   the conditions mentioned in paragraphs 285C (3) (a) and (c) of the Act are satisfied; and

2. (b)

   the employer is a practising member of a religious society or order whose doctrines or beliefs preclude membership of an organisation or body other than the religious society or order of which the employer is a member; and

3. (c)

   all of the employees employed by the employer have agreed that the employer’s certificate should be endorsed.

[7]Regulations 110–116

omit

[8]Part VII, Division 9

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[9]Part VIII

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[10]Regulation 125

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125Lodgment of documents in Industrial Registry

Any document required under Part IX of the Act or Part VII of these Regulations to be lodged in the Industrial Registry may be lodged by:

1. (a)

   leaving it with a Registrar; or

2. (b)

   properly addressing, prepaying and posting the document; or

3. (c)

   electronic means prescribed by Rules of the Commission made under section 48 of the Act; or

4. (d)

   any means authorised in writing by the Commission.

[11]Regulation 127

omit

(other than subsection 268 (12) and sections 269 and 274) or Part X of the Act or a document lodged in the Industrial Registry under Part VII (other than regulation 111) or Part VIII

insert

of the Act or under Part VII

[12]Regulation 128

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[13]After regulation 137

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138Ballots conducted by the Australian Electoral Commission — no unauthorised action

1. (1)

   If a secret ballot is conducted by the Australian Electoral Commission under the Act, a person other than the person conducting the ballot must not do, or purport to do, any act in the conduct of the ballot.

Penalty: 10 penalty units.

1. (2)

   Strict liability applies to the physical element in subregulation (1) that the ballot is conducted under the Act.

Note For strict liability, see section 6.1 of the Criminal Code.

1. (3)

   It is a defence to a prosecution for an offence against subregulation (1) if the person was authorised or directed by the person conducting the ballot to do the act in the conduct of the ballot.

Note A defendant bears an evidential burden in relation to the matters mentioned in subregulation (3) (see section 13.3 of the Criminal Code).

139No action for defamation in certain cases

No action or proceeding, civil or criminal, for defamation lies:

1. (a)

   against the Commonwealth or an electoral official conducting, on behalf of the Australian Electoral Commission, a ballot under the Act in relation to the printing or issuing of a document or other material by the electoral official; or

2. (b)

   if the document or other material mentioned in paragraph (a) is printed by another person — against that person, in relation to the printing.

[14]Schedule 1, Forms 2, 3, 4, 7, 8, 9, 10, 11, 11A, 11B, 11C and 12

omit

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, 195, 205, 244, 297, 336 and 337; 2000 Nos. 121 (disallowed by the Senate on 17 August 2000), 258 and 328 (disallowed by the Senate on 27 June 2001); 2001 Nos. 225, 323 and 326; 2002 Nos. 71, 208 and 337.

2. Notified in the Commonwealth of Australia Gazette