EXPLANATORY STATEMENT
STATUTORY RULES 1984 No. 464
Conciliation and Arbitration Regulations (Amendment)
(Issued by the Authority of the Minister for Employment and Industrial Relations)
Part VIIIAA of the Conciliation and Arbitration Act 1904 (the Principal Act) which concerns the financial accounting and reporting requirements for registered organizations, was amended by the Conciliation and Arbitration Amendment Act (No. 2) 1983 (the Amendment Act 1983) and the Conciliation and Arbitration Amendment Act 1984 (the Amendment Act 1984) to overcome certain practical difficulties in its operation.
The Amendment Act 1983, inter alia, inserted sub-section 158AAA(3). Under this new provision an organization divided into branches is able, in certain circumstances, to be considered as a single entity for the purposes of Part VIIIAA of the Principal Act. The amendment to section 158AAA necessitated consequential amendments to regulation 148 of Part VI (financial accounting and reporting requirements for registered organizations) of the Conciliation and Arbitration Regulations (the Principal Regulations).
The Amendment Act 1984, inter alia, inserted section 158AHA in the Principal Act to enable an organization to provide under its rules, for its accounts, statements and auditors’ reports and those of all of its branches to be filed together by the organization with the Industrial Registrar. Consequential amendments to the Principal Regulations were required to provide for a definition of “prescribed officer” for the purposes of sub-sections 158AHA(2) and (3).
Regulation 1 of the Conciliation and Arbitration Regulations (Amendment) provides a citation of the Principal Regulations.
Regulation 2 contains two consequential amendments to regulation 148. First, it inserts a reference to new regulation 153C so that the provisions of regulation i48 will not apply to new regulation 153C. Second, it inserts new sub-regulation 148(3) so that regulation 148 will not apply to an organization divided into branches holding a certificate under sub-section 158AAA(3) of the Principal Act.
Regulation 3 inserts new regulation 153C which provides that where the rules of an organization or branch provide that the certificate referred to in sub-sections 158AHA(2) or (3) of the Principal Act is to be signed by an officer other than the Secretary of the organization or branch, then that other officer is to be the “prescribed officer” for purposes of these sub-sections.