COMMONWEALTH CONCILIATION AND ARBITRATION.
No. 54 of 1934.
An Act to amend sections forty-four and fifty a of the Commonwealth Conciliation and Arbitration Act 1904–1930, as amended by the Statute Law Revision Act 1934, and to amend the First Schedule to the Statute Law Revision Act 1934.
[Assented to 17th December, 1934.]
BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—
Short title and citation.
1.—(1.) This Act may be cited as the Commonwealth Conciliation and Arbitration Act 1934.
(2.) The Statute Law Revision Act 1934 is amended by omitting from the First Schedule the words “Commonwealth Conciliation and Arbitration Act 1904–1930. | Commonwealth Conciliation and Arbitration Act 1904–1934.”.
(3.) The Commonwealth Conciliation and Arbitration Act 1904–1930, as amended by the Statute Law Revision Act 1934, is in this Act referred to as the Principal Act.
(4.) The Principal Act, as amended by this Act, may be cited as the Commonwealth Conciliation and Arbitration Act 1904–1934.
Imposition and recovery of penalties.
2. Section forty-four of the Principal Act is amended by omitting from sub-section (1.) the words “any State Court specified in that behalf by Proclamation” and inserting in their stead the words “an Industrial Magistrate appointed under any State Act who is also a Police, Stipendiary or Special Magistrate”.
Inspectors.
3. Section fifty a of the Principal Act is amended—
(a) by omitting from sub-section (1.) the words “in accordance with the Commonwealth Public Service Act 1922–1924”; and
(b) by omitting from sub-section (2.) all the words after the word “shall” and inserting in their stead the words “not be subject to the Commonwealth Public Service Act 1922–1934 but shall be appointed upon such terms and conditions as are prescribed”.
Overview
The Commonwealth Conciliation and Arbitration Act 1934 was enacted to amend specific sections of the Commonwealth Conciliation and Arbitration Act 1904–1930, addressing issues related to the imposition and recovery of penalties and the appointment of inspectors. This Act was assented to on 17th December 1934 by the King's Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, reflecting a legislative effort to refine the framework for industrial disputes and their resolution. The amendments made by this Act include changes to the authority responsible for imposing penalties and the conditions under which inspectors are appointed, thereby ensuring that these processes align more closely with contemporary legal and administrative practices. The policy objective, while not explicitly stated, likely aimed at enhancing the efficiency and effectiveness of the conciliation and arbitration processes within the industrial relations sphere.
Scope and Application
The Commonwealth Conciliation and Arbitration Act 1934 amends the Commonwealth Conciliation and Arbitration Act 1904–1930 to refine the procedures and authority for the imposition and recovery of penalties related to industrial disputes and the appointment and terms of inspectors. The Act applies to all persons and entities involved in industrial relations within the Commonwealth, as well as to the conduct and transactions arising from such relations. The jurisdiction of the Act extends nationally, encompassing all states and territories within the Commonwealth of Australia. The Act specifies that penalties shall be imposed by an Industrial Magistrate appointed under any State Act who is also a Police, Stipendiary, or Special Magistrate, replacing the previous method involving State Courts specified by proclamation. Furthermore, the Act revises the terms of appointment and conditions for inspectors, removing their prior obligation to adhere to the Commonwealth Public Service Act 1922–1934 and allowing for their appointment under terms and conditions as prescribed by the Act. The scope of this legislation is broad and impacts various industries and sectors involved in industrial relations, with the amendments providing a clearer framework for enforcement and oversight.
Key Provisions
The Commonwealth Conciliation and Arbitration Act 1934 (C1934A00054) amends two key sections of the Commonwealth Conciliation and Arbitration Act 1904–1930. Section forty-four is amended to specify that penalties under this Act will now be imposed and recovered by an Industrial Magistrate, who must also be a Police, Stipendiary or Special Magistrate under any State Act (section 2). This change replaces the previous requirement, which allowed any State Court specified by Proclamation to impose and recover penalties. Additionally, section fifty-a is amended to clarify that Inspectors appointed under this Act are not subject to the Commonwealth Public Service Act 1922–1934 but are instead appointed upon terms and conditions as prescribed (section 3).
The Act imposes certain obligations and requirements on parties and entities it governs. Industrial Magistrates, now responsible for imposing and recovering penalties, must adhere to the specific qualifications outlined in the amended section forty-four. Inspectors, on the other hand, must be appointed under the terms and conditions prescribed by the Act, as stated in the amendment to section fifty-a. These changes ensure that those involved in enforcing the Act meet the necessary legal and procedural standards.
The Act also delineates the consequences for non-compliance. While the specific offences and penalties are not detailed within the Act itself, breaches of the amended sections could potentially lead to legal repercussions under the broader framework of industrial relations laws. The penalties for such breaches could include fines or other sanctions, the specifics of which would be governed by the relevant State laws and the discretion of the courts. The Act's amendments are designed to streamline the enforcement mechanisms, ensuring that penalties are appropriately imposed by qualified officials and that Inspectors are appointed according to prescribed terms.