Conciliation and Arbitration Regulations 1910 (Amendment) (Provisional)

Legislation au C1912L00093 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1912. No. 93.

 

PROVISIONAL REGULATION UNDER THE COMMONWEALTH CONCILIATION AND ARBITRATION ACT 1904-1911.

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby certify that the following Regulation under the Commonwealth Conciliation and Arbitration Act 1904-1911 should, on account of urgency, come into immediate operation, and make the Regulation to come into operation forthwith as a Provisional Regulation.

Dated this 9th day of May, One thousand nine hundred and twelve.

DENMAN,

Governor-General.

By His Excellency’s Command,

ANDREW FISHER.

Acting Attorney-General.

 

The Conciliation and Arbitration Regulations 1910 (Statutory Rules 1910, No. 3) are amended—

(a) by repealing Regulation 17 and inserting in its stead the following Regulation:—

Application for Change of Name of an Organization.

“17. (1) An application for the change of the name of an Organization may be in accordance with Form 8, and shall be made to the Industrial Registrar or to the Deputy Industrial Registrar in charge of the Registry in the State where the office of the association is situated, and shall be signed by two or more officers of the association.

(2) Every application shall be in duplicate and shall be accompanied by the prescribed fee and a Statutory Declaration setting forth the facts on which the applicant relies.

(3) The duplicate of every application lodged with a Deputy Industrial Registrar shall forthwith be forwarded by him to the Industrial Registrar.

(4) The Registrar shall cause to be advertised in the Gazette a notice, in accordance with Form 9, of the receipt of the application.

(5) Any Organization or person interested may, within twenty-one days after the advertisement of the notice of the receipt of the application, lodge with the Registrar a notice of objection, in accordance with Form 10, to the change of the name of the Organization.

(6) The objector shall lodge with the notice of objection a Statutory Declaration in support thereof, and shall serve notice of the objection and of the Statutory Declaration on the applicants.

C.6211.—Price 3d


(7) The Registrar shall fix a day for hearing the application, and shall give notice thereof to the applicants and the objectors. On the hearing the Registrar shall hear the parties or their officers if they are present and desire to be heard, and shall decide the matter”;

(b) by inserting in Regulation 29 after the word “registration” in the third line the words “or for change of name of an Organization” and after the word “registration” in the fourth line the words “or to change of name of an Organization”;

(c) by omitting the whole of the words and figures in last line of sub-regulation (1) of Regulation 28, and inserting the following words and figures in their stead:—

“For office copies of documents, 1s. each”; and

(d) by inserting in the Schedule after Form 7 the following forms:—

“Form 8.

Commonwealth of Australia.

The Commonwealth Conciliation and Arbitration Act 1904-1911:

Application for the Change of Name of an Organization.

Application is hereby made by (here set out name of Organization) for the change of name of the said Organization to (here set out change required).

The grounds upon which this application is founded are as follow:—(here set out grounds in numbered paragraphs).

Dated the day of    19

Signatures.

Note.—To be addressed to the Industrial Registrar or to the Deputy Industrial Registrar in charge of the Registry in the State where the Organization was registered, and to be signed by two officers of the Organization.”

 

“Form 9.

The Commonwealth Conciliation and Arbitration Act 1904-1911.

(Principal or District) Registry.

(Place and Date).

Notice of Application for the Change of Name of an Organization.

Notice is hereby given that application has been made to me under the Commonwealth Conciliation and Arbitration Act 1904–1911 for the change of name of an Organization called (here set out name of Organization) to (here set out change required).

Any person who desires to object to the change of name of the Organization may do so by lodging with me a notice of the objection in the prescribed form, and a Statutory Declaration in support thereof within twenty-one days after the publication of this advertisement, and by serving on the Organization copies of the notice of objection and Statutory Declaration so lodged.

Industrial Registrar or

Deputy Industrial Registrar, as the case requires


“Form 10.

Commonwealth of Australia.

The Commonwealth Conciliation and Arbitration Act 1904-1911

Notice of Objection to the Change of Name of an Organization.

Take notice that (here set out name of objecting Organization or person, and its or his address and his occupation) object to the change of name of (here set out name of Organization applying for change name) on the following grounds, namely:—

Dated the day of    191

Signature.

To the (Industrial Registrar or Deputy Industrial Registrar, as the case requires).

Note.—Where the objector is an Organization the objection must be under the seal of the Organization or the hands of two officers authorized to sign the objection.”

 

Printed and Published for the Government of the Commonwealth of Australia by J. Kemp, Government Printer for the State of Victoria.

Overview

The Conciliation and Arbitration Regulations 1910 (Statutory Rules 1910, No. 3) were amended by Statutory Rules 1912, No. 93, which introduced a provisional regulation to address the need for a streamlined process for organisations to change their names under the Commonwealth Conciliation and Arbitration Act 1904-1911. Enacted by the Governor-General in Council, these regulations were designed to provide a more efficient and formalised procedure for organisations to apply for a change of name, ensuring clarity and consistency in the registration process. The amendments provided specific forms and procedures for making such applications, including a requirement for objections to be lodged within a specified timeframe, thereby establishing a balanced approach to the interests of both the applicants and any potential objectors.

Scope and Application

The Provisional Regulation under the Commonwealth Conciliation and Arbitration Act 1904-1911 addresses the process for an organisation to apply for a change of name within the Commonwealth of Australia. This regulation applies specifically to any organisation registered under the Act that seeks to change its name. The application must be made in accordance with Form 8 and submitted to the Industrial Registrar or Deputy Industrial Registrar in the state where the organisation's office is located. The application must be signed by two or more officers of the organisation and accompanied by the prescribed fee and a statutory declaration. The regulation mandates that the organisation must also advertise the application in the Gazette, allowing any interested party to lodge an objection within twenty-one days if they wish to contest the name change. The Registrar will then schedule a hearing to decide on the application. The regulation provides detailed forms, including Form 8 for the application, Form 9 for the advertisement notice, and Form 10 for the notice of objection, ensuring all procedural requirements are met.

Key Provisions

The Conciliation and Arbitration Regulations 1910 have been amended to introduce a new procedure for changing the name of an organization (Regulation 17). According to this regulation, an application for a name change must be made in accordance with Form 8 and submitted to the Industrial Registrar or the Deputy Industrial Registrar in the state where the organization's office is located. The application must be signed by two or more officers of the organization and submitted in duplicate, along with the required fee and a statutory declaration. The Registrar must then advertise the receipt of the application in the Gazette, using Form 9, and any interested party has the opportunity to object to the name change within twenty-one days by submitting a notice of objection using Form 10, accompanied by a statutory declaration. The Registrar will then set a date for hearing the application and must notify all parties involved. Under the amended regulations, organizations and individuals are required to follow specific procedures when seeking a name change. This includes submitting the application and supporting documentation to the appropriate Registrar, advertising the application in the Gazette, and allowing interested parties to lodge objections within the stipulated timeframe. The Registrar must then schedule a hearing to address the application and objections. This process ensures that the change of name is properly vetted and that all interested parties have the opportunity to voice their concerns. Failure to comply with the provisions outlined in the amended regulations may result in legal consequences. While the specific penalties for non-compliance are not detailed in the text, it is clear that the Registrar has the authority to enforce the regulations and may take appropriate action against parties that do not adhere to the prescribed procedures. In summary, the amended Conciliation and Arbitration Regulations 1910 provide a framework for organizations seeking to change their name, ensuring a transparent and fair process for all parties involved. The regulations outline the necessary steps for submitting an application, advertising the change, and addressing any objections. Compliance with these provisions is essential for organizations looking to change their name and failure to adhere to the regulations may result in legal consequences.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.