STATUTORY RULES.
1933. No. 28
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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.
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Amendment of Commonwealth Savings Bank Regulations.
(Statutory Rules 1928, No. 77, as amended to this date.)
Regulations 57, 58, 58a, and 58b of the Commonwealth Savings Bank Regulations are repealed and the following regulations inserted in their stead:—
Appointment of deputy for representative.
“57.—(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 shall take place simultaneously with the election of the representative of the staff and shall be conducted in accordance with the provisions of regulation 55 of these Regulations.
Removal of representative or deputy representative.
“58. 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.
517.—Price 3d.
Regulation of representative of staff.
“58a. 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.
58b.—(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 55 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 weeks after the date of calling nominations.”.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
Overview
The Statutory Rules 1933, No. 28, Regulations under the Commonwealth Bank Act 1911-1932, were enacted by the Governor-General in the context of the Great Depression, aiming to address the operational challenges faced by the Commonwealth Savings Bank. These regulations, made under the authority of the Commonwealth Bank Act, modify existing provisions concerning the appointment and election of staff representatives on the Appeal Board to enhance the efficiency and fairness of the bank’s internal dispute resolution mechanisms. The policy objective is to ensure that the bank’s operations continue smoothly while providing a structured method for staff to have their voices heard through elected representatives.
Scope and Application
The Regulations under the Commonwealth Bank Act 1911-1932 govern the appointment, removal, and resignation of staff representatives to the Appeal Board within the Commonwealth Bank, including provisions for the appointment of a deputy in certain circumstances. These regulations apply specifically to the officers and staff of the Commonwealth Bank, ensuring a structured process for the representation of staff interests within the Bank's governance framework. The regulations cover the appointment of a deputy when the staff representative is unable to act, procedures for the removal of a representative or deputy through a petition signed by a majority of the staff, and the process for resignations that are accepted by the Governor, which then necessitate a by-election to fill the vacant position. The scope of these regulations is limited to the internal administrative processes of the Commonwealth Bank and does not extend to other entities or industries outside the Commonwealth Bank's operations. These regulations, made under the Commonwealth Bank Act, have immediate effect as they come into operation forthwith and are applicable across the Commonwealth of Australia, reflecting the national jurisdiction of the Commonwealth Bank.
Key Provisions
The main operative sections of these regulations concern the appointment of deputies for staff representatives on the Appeal Board within the Commonwealth Bank. Regulation 57 establishes that a deputy must be appointed if the staff representative is unable to act due to being an interested party or is otherwise unavailable (subsection 57(1)). It also states that this deputy will act in the absence of the representative for up to three months, but if the absence extends beyond this period, a new representative can be elected by a majority of the staff (subsection 57(2)). Regulation 58 outlines the process for removing a representative or deputy representative through a petition signed by a majority of the staff, resulting in the position being declared vacant (subsection 58). Regulation 58a allows for the resignation of a staff representative or deputy representative, which can be accepted by the Governor, thus declaring the position vacant (subsection 58a). Finally, Regulation 58b details the procedure for conducting a by-election to fill a vacant position, including timelines for nominations and the election itself (subsections 58b(1) and 58b(2)).
These regulations impose several obligations on the parties involved. The officers of the Bank must appoint a deputy for the staff representative on the Appeal Board when necessary (subsection 57(1)). They are also required to ensure that an election is held to fill any vacant positions on the Appeal Board in accordance with the specified regulations (subsections 58b(1) and 58b(2)). Staff members, in turn, have the responsibility to petition for the removal of a representative or deputy representative if a majority of them so decide (subsection 58). Additionally, staff representatives or their deputies must tender their resignation to the Governor if they wish to vacate their positions (subsection 58a).
Breaches of these regulations can lead to various consequences. While the regulations themselves do not explicitly state offences, penalties, or specific civil or criminal consequences, the implications of failing to comply with these requirements can be significant. For instance, not appointing a deputy when required could lead to the Appeal Board lacking a necessary member, potentially affecting its functioning and decisions. Similarly, not conducting a timely election to fill a vacant position could leave the Appeal Board understaffed, impacting its ability to operate effectively. Although the regulations do not detail specific penalties, non-compliance could be subject to broader legal consequences under the Commonwealth Bank Act 1911-1932 or other relevant legislation.