STATUTORY RULES.
1933. No. 29.
REGULATIONS UNDER THE COMMONWEALTH BANK ACT 1911-1932.
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Commonwealth Bank Act 1911-1932, to come into operation forthwith.
Dated this twenty-eighth day of February, 1933.
ISAAC A. ISAACS
Governor-General.
By His Excellency’s Command,
W. MASSY GREENE
for Treasurer.
Amendment of Commonwealth Bank Regulations.
(Statutory Rules 1928, No. 78, as amended to this date.)
Regulations 40, 41, 41a, and 41b of the Commonwealth Bank Regulations are repealed and the following regulations inserted in their stead:—
Appointment of deputy for representative.
“40.—(1.) The officers of the Bank shall appoint a deputy to act for the representative of the staff on the Appeal Board if an occasion arises when the representative is an interested or prejudiced party to an appeal and the circumstances are such that it would not be right for him to act on the Appeal Board.
(2.) The deputy representative appointed in accordance with the provisions of the preceding sub-regulation shall act for the representative of the staff on the Appeal Board if the representative is unable to attend through temporary incapacity or during periods of leave, but should the representative be incapacitated or absent for a period exceeding three months, it shall be competent for the staff, if a majority so decide, to elect a new representative in his place to hold office until the next annual election.
(3.) The election of the deputy representative of the staff shall take place simultaneously with the election of the representative of the staff and shall be conducted in accordance with the provisions of regulation 38 of these Regulations.
Removal of representative or deputy representative.
“41. If at any time a majority of the staff signs a petition for the removal of their representative or deputy representative the position shall be declared vacant and a new representative or deputy representative, as the case may be, shall be elected to hold office until the next election.
616.—Price 3d.
Resignation of representative of staff.
“41a. A representative of the staff or a deputy representative elected to the Appeal Board may tender his resignation to the Governor who may accept the resignation and thereupon the position shall be deemed vacant.
By-election.
“41b.—(1.) If the office of representative or deputy representative of the staff on the Appeal Board becomes vacant before the expiration of the period for which the representative or deputy representative was elected, a new representative or deputy representative, as the case may be, shall be elected to hold office until the expiration of that period.
(2.) The election shall be made in accordance with the provisions of regulation 38 of these Regulations, except that—
(a) nominations shall be called as soon as practicable after the happening of the vacancy, and shall be returnable to the Head Office of the Bank to reach there within four weeks after the date of calling; and
(b) the election shall be taken not more than eight weeke after the date of calling nominations.”.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
Overview
Statutory Rules 1933 No. 29, which were made under the Commonwealth Bank Act 1911-1932, sought to address procedural aspects related to the representation of bank staff on the Appeal Board within the Commonwealth Bank. Enacted by the Governor-General, acting with the advice of the Federal Executive Council, these regulations were designed to ensure the smooth operation of staff representation during various contingencies such as incapacity, absence, or resignation of the elected representative. The policy objective underlying these regulations was to maintain the integrity and functionality of the Appeal Board by providing clear guidelines on the appointment, removal, and election processes of staff representatives and their deputies, thereby ensuring that the Board could continue to operate effectively without undue disruption.
Scope and Application
The Statutory Rules 1933, No. 29, made under the Commonwealth Bank Act 1911-1932, provide regulations concerning the appointment, removal, and resignation of staff representatives and their deputies on the Appeal Board of the Commonwealth Bank of Australia. These regulations apply to the officers of the Bank and the staff, governing the procedures for appointing a deputy to act on the Appeal Board when the staff representative is unable to participate due to conflict of interest, temporary incapacity, or extended leave. Furthermore, the regulations outline the process for removing a representative or deputy representative through a majority petition by the staff, accepting resignations, and conducting by-elections to fill vacancies. The provisions of these regulations are designed to ensure effective and fair representation of the staff within the Bank's governance structure.
Key Provisions
The Commonwealth Bank Regulations, established under the Commonwealth Bank Act 1911-1932, introduce several key provisions that address the appointment and removal of representatives for the staff on the Appeal Board, specifically in situations where the regular representative is unable to perform their duties. Regulation 40 details the appointment of a deputy for the representative of the staff on the Appeal Board when the representative is either an interested or prejudiced party to an appeal or is unable to act due to temporary incapacity or leave (Regulation 40(1) and (2)). Regulation 40(3) mandates that the election of the deputy representative occurs simultaneously with the election of the staff representative, adhering to the provisions outlined in regulation 38.
These regulations impose specific obligations on the officers of the Bank to ensure the proper functioning of the Appeal Board. The officers must appoint a deputy representative under Regulation 40 if the staff representative cannot act on the Appeal Board due to conflict of interest or incapacity. Regulation 41 provides a mechanism for the staff to petition for the removal of their representative or deputy representative, leading to a vacancy and necessitating a new election (Regulation 41). Regulation 41a allows for resignations by either the staff representative or the deputy representative, which are to be tendered to the Governor and accepted, thereby creating a vacancy (Regulation 41a). Regulation 41b outlines the process for conducting by-elections to fill any vacancies that occur before the end of the elected term, ensuring continuity in representation (Regulation 41b(1) and (2)).
Failure to comply with these provisions may result in significant consequences. While the regulations do not explicitly state penalties for non-compliance, breaches of the outlined procedures for appointing, removing, or electing representatives could potentially lead to legal challenges or disputes over the validity of the Appeal Board's decisions. The overarching intent is to maintain the integrity and effectiveness of the Appeal Board by ensuring proper and timely representation of the staff, thus safeguarding their interests in accordance with the provisions of the Commonwealth Bank Act 1911-1932.