Commonwealth Bank (Staff) Regulations (Amendment)

Legislation au C1954L00009 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1954. No. 9.

 

REGULATIONS UNDER THE COMMONWEALTH BANK ACT 1945-1953.*

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 1945-1953.

Dated this fourth day of February, 1954.

W. J. SLIM

Governor-General.

By His Excellency’s Command,

Treasurer.

 

AMENDMENTS OF THE COMMONWEALTH BANK (STAFF) REGULATIONS.†

1. Regulation 3A of the Commonwealth Bank (Staff) Regulations is repealed and the following regulation inserted in its stead:—

Definition.

“3A. In these Regulations, ‘the Act’ means the Commonwealth Bank Act 1945-1953.”.

Evidence as to health.

2. Regulation 5 of the Commonwealth Bank (Staff) Regulations is amended by omitting the words “section 156 of the Commonwealth Bank Act 1945” and inserting in their stead the words “section 170 of the Act”.

Admission to examinations.

3. Regulation 6 of the Commonwealth Bank (Staff) Regulations is amended by omitting the words “section 157 of the Commonwealth Bank Act 1945” and inserting in their stead the words “section 171 of the Act”.

Appointments without entrance examination.

4. Regulation 8 of the Commonwealth Bank (Staff) Regulations is amended by inserting in paragraph (c), after the word “Bank”, the words “, of the Trading Bank or of the Savings Bank”.

Nominations.

5. Regulation 11 of the Commonwealth Bank (Staff) Regulations is amended by inserting in sub-regulation (1.), after the word “Bank”, the words “, of the Trading Bank and of the Savings Bank”.

Procedure on receipt of nominations.

6. Regulation 12 of the Commonwealth Bank (Staff) Regulations is amended by inserting in sub-regulations (1.) and (3.), after the word “Bank” (wherever occurring), the words “, of the Trading Bank and of the Savings Bank”.

Returning Officer.

7. Regulation 14 of the Commonwealth Bank (Staff) Regulations is amended by inserting in sub-regulation (2.), after the word “Bank” (second occurring), the words “, of the Trading Bank and of the Savings Bank”.

 

* Notified in the Commonwealth Gazette on , 1954.

† Statutory Rules 1945, No. 130, as amended by Statutory Rules 1946, No. 80.

4927.—Price 3D. 10/16.11.1953.


Scrutineers.

8. Regulation 17 of the Commonwealth Bank (Staff) Regulations is amended by inserting in sub-regulation (1.), after the word “Bank”, the words “, of the Trading Bank or of the Savings Bank”.

Result of poll.

9. Regulation 19 of the Commonwealth Bank (Staff) Regulations is amended by inserting after the word “Bank” the words “, of the Trading Bank and of the Savings Bank”.

Appeals.

10. Regulation 23 of the Commonwealth Bank (Staff) Regulations is amended by omitting from sub-regulation (1.) the words “section 174 of the Commonwealth Bank Act 1945” and inserting in their stead the words “section 189 of the Act”.

11. Regulation 33 of the Commonwealth Bank (Staff) Regulations is repealed and the following regulation inserted in its stead:—

List of officers.

“33. For the purpose of circulating copies of lists prepared under sub-section (1.) of section 193 of the Act among officers of the Bank, the Governor shall dispatch copies of each list to the manager of each branch of the Bank, of the Trading Bank and of the Savings Bank and the copies received by the manager of each branch shall be circulated among, and made available for the information of, the officers at the branch by the manager.”.

Seniority.

12. Regulation 34 of the Commonwealth Bank (Staff) Regulations is amended by omitting sub-regulation (4.) and inserting in its stead the following sub-regulation:—

“(4.) Where an officer of any other bank or of a savings bank is appointed to the Service of the Bank under sub-section (3.) of section 170 of the Act and it is provided in the arrangement entered into by the Trading Bank with the other bank, or in the arrangement entered into by the Savings Bank with the authority controlling the savings bank, as the case may be, that the whole or a part of the service of that officer with the other bank or with the savings bank shall be taken into account in determining his seniority as an officer of the bank, the whole or that part of that service shall be taken into account accordingly.”.

Provisional promotions.

13. Regulation 35 of the Commonwealth Bank (Staff) Regulations is amended by inserting after the word “Bank” (first occurring) the words “, of the Trading Bank”.

Nominations.

14. Regulation 37 of the Commonwealth Bank (Staff) Regulations is amended by inserting after the word “Bank” the words “, of the Trading Bank and of the Savings Bank”.

Date of poll.

15. Regulation 38 of the Commonwealth Bank (Staff) Regulations is amended by inserting after the word “Bank” the words of the Trading Bank and of the Savings Bank”.

Appeals.

16. Regulation 41 of the Commonwealth Bank (Staff) Regulations is amended—

(a) by omitting from sub-regulation (1.) the figures “166” and inserting in their stead the figures “181”; and

(b) by inserting in sub-regulation (2.), after the word “Bank”, the words “, of the Trading Bank and of the Savings Bank”.

 

By Authority: L. F. JOHNSTON, Commonwealth Government Printer, Canberra.

Overview

The Statutory Rules 1954 No. 9, enacted by the Governor-General in accordance with the Commonwealth Bank Act 1945-1953, serve to amend the Commonwealth Bank (Staff) Regulations. This legislative instrument aims to address the need for updating and refining the regulatory framework governing the staffing of the Commonwealth Bank, including its Trading Bank and Savings Bank divisions. The primary objective of these amendments is to align the regulations with the current legislative context, ensuring that the operational procedures for staff appointments, examinations, and appeals are in compliance with the updated provisions of the Commonwealth Bank Act. This legislative action was taken to maintain the efficacy and relevance of the regulatory environment in which the bank operates.

Scope and Application

The Statutory Rules of 1954, No. 9, made under the Commonwealth Bank Act 1945-1953, pertain to the amendments of the Commonwealth Bank (Staff) Regulations. These regulations apply to the staff of the Commonwealth Bank, specifically its Trading Bank and Savings Bank divisions, governing the conduct and transactions related to staff appointments, examinations, nominations, and seniority considerations within the Bank. The reach of these regulations is confined to the Commonwealth level, thereby encompassing all operations and branches of the Commonwealth Bank across Australia. The regulations specify procedures and criteria for staff appointments, including health evidence, entrance examinations, and seniority considerations for officers transferred from other banks or savings banks. Certain sections of the regulations are repealed or amended to update references to the Commonwealth Bank Act 1945-1953, ensuring alignment with current legislative standards. These regulations extend their application through subordinate instruments, as evidenced by the detailed amendments listed, which provide clarity and specific procedures for various staff-related processes within the Bank.

Key Provisions

The principal operative sections of the Regulations under the Commonwealth Bank Act 1945-1953 focus on amending the Commonwealth Bank (Staff) Regulations to better integrate the operations of the Trading Bank and the Savings Bank into the overall governance and staffing processes of the Commonwealth Bank of Australia. Regulation 3A redefines the term ‘the Act’ to refer to the Commonwealth Bank Act 1945-1953, thereby consolidating the legislative reference within the regulations (section 1). Several regulations have been amended to ensure that references to specific sections of the Act are updated to reflect the new legislative framework, such as substituting section 170 for section 156 in Regulation 5 and section 171 for section 157 in Regulation 6 (sections 2 and 3). These amendments are aimed at aligning the regulatory language with the current statutory provisions. The Regulations impose several obligations and requirements on the parties and entities governed by them. These include the requirement for the Governor to dispatch lists of officers to the managers of each branch of the Trading Bank and the Savings Bank, who must then circulate these lists among the officers at their respective branches (section 11). Furthermore, the Regulations mandate that any service an officer has with another bank or a savings bank must be considered in determining their seniority within the Commonwealth Bank’s service, provided that such consideration is stipulated in any relevant arrangement between the Trading Bank or the Savings Bank and the other financial institution (section 12). The Regulations also specify the process for nominations, procedures on the receipt of nominations, the role of the Returning Officer, and the appointment of scrutineers, all of which must be conducted in accordance with the amended provisions (sections 5, 6, 7, 8, 11, and 17). There are no explicit provisions within these Regulations that directly outline offences, penalties, or civil/criminal consequences for breaches. However, given that these Regulations are made under the authority of the Commonwealth Bank Act 1945-1953, any non-compliance with these Regulations could potentially lead to consequences as prescribed under the parent Act. Typically, breaches of regulations under such Acts might result in administrative penalties, enforcement actions, or other corrective measures as deemed necessary by the relevant authorities. It is important for the governed entities to ensure adherence to these Regulations to avoid any adverse outcomes that may arise from non-compliance.

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