STATUTORY RULES.
1949. No. .
REGULATIONS UNDER THE COMMONWEALTH CONCILIATION AND ARBITRATION ACT 1904-1948.*
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 Conciliation and Arbitration Act 1904-1948.
Dated this Sixth day of April, 1949.
W. J. McKell
Governor-General.
By His Excellency’s Command,
(Sgd.) N. E. McKENNA
for and on behalf of the Attorney-General.
Amendments of the Conciliation and Arbitration Regulations.†
Objection to registration.
1. Regulation 110 of the Conciliation and Arbitration Regulations is amended by omitting from sub-regulation (1.) the word “thirty” and inserting in its stead the word “thirty-five”.
Application for approval of Registrar.
2. Regulation 119 of the Conciliation and Arbitration Regulations is amended by omitting from sub-regulation (5.) the word “twenty-one” and inserting in its stead the word “thirty-five”.
Changes in offices, &c, to be notified.
3. Regulation 123 of the Conciliation and Arbitration Regulations is amended by omitting the word “twenty-one” and inserting in its stead the word “thirty-five”.
Accounts to be filed.
4. Regulation 124 of the Conciliation and Arbitration Regulations is amended by omitting the word “twenty-one” and inserting in its stead the word “thirty-five”.
Filing of wills and alterations thereto.
5. Regulation 129 of the Conciliation and Arbitration Regulations is amended by omitting from sub-regulation (1.) the word “fourteen” and inserting in its stead the word “twenty-eight”.
6. After regulation 130 of the Conciliation and Arbitration Regulations the following regulation is inserted:—
Financial assistance in proceedings under section 80 or 81 of Act.
“130a.—(1.) A member of an organization who proposes to take proceedings under section 80 or 81 of the Act may apply to the Registrar for the grant of financial assistance under this regulation.
* Notified in the Commonwealth Gazette on , 1949
† Statutory Rules 1947, No. 142, as amended by Statutory Rules 1948, Nos. 117, 143 and 146.
1329.—Price 3d. 8/1.4.1949.
“(2.) If it appears to the Registrar that there are reasonable grounds for taking the proceedings and that the proceedings are proposed to be taken in good faith, the Registrar may direct that financial assistance shall be given by the Commonwealth to the member in respect of the cost of those proceedings and such amount or amounts as the Registrar from time to time determines shall be paid to or on behalf of the member accordingly.”.
First Schedule.
7. The First Schedule to the Conciliation and Arbitration Regulations is amended—
(a) by omitting from Form 33 the word “thirty” and inserting in its stead the word “thirty-five”;
(b) by omitting from Form 40 the word “twenty-one” and inserting in its stead the word “thirty-five”;
(c) by omitting from Form 41 the word “twenty-one” and inserting in its stead the word “thirty-five”; and
(d) by omitting from Form 42 the word “twenty-one” and inserting in its stead the word “thirty-five”.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
Overview
Statutory Rules 1949, No. 20, enacted on April 6th, 1949, amends the Conciliation and Arbitration Regulations under the Commonwealth Conciliation and Arbitration Act 1904-1948. The enacting body was the Governor-General of Australia, acting on the advice of the Federal Executive Council. These regulations were introduced to address procedural gaps within the arbitration process by updating time frames and financial assistance provisions. This change was intended to streamline the arbitration process and provide necessary support to members of organisations participating in the proceedings.
Scope and Application
These regulations, made under the Commonwealth Conciliation and Arbitration Act 1904-1948, serve to amend certain provisions of the Conciliation and Arbitration Regulations, primarily by updating numerical references to extend timeframes for various processes and filings from twenty-one to thirty-five days and from thirty to thirty-five days. The amendments apply to any member of an organization seeking to take legal proceedings under sections 80 or 81 of the Act, who may now apply for financial assistance from the Registrar for such proceedings. These regulations apply across the Commonwealth of Australia, impacting a broad range of industries and entities involved in conciliation and arbitration processes. The scope of the amendments ensures that the processes are updated to reflect more appropriate timeframes while maintaining the overall structure and intent of the original Act. No specific exclusions or exemptions are stated within these regulations, which means they apply broadly to all relevant cases unless otherwise specified by higher legislation. The regulations also allow for the creation of subordinate instruments to further detail or adjust the application of these amendments as necessary.
Key Provisions
The statutory rules made under the Commonwealth Conciliation and Arbitration Act 1904-1948, specifically address several amendments to the Conciliation and Arbitration Regulations. Regulation 110, 119, 123 and 124 are amended to increase the number of days for various applications and notifications from twenty-one to thirty-five days (sections 1, 2, 3, and 4). Regulation 129 is also amended to increase the number of days for the filing of wills and alterations from fourteen to twenty-eight days (section 5). Furthermore, a new regulation 130a is introduced, which allows a member of an organization to apply to the Registrar for financial assistance if they propose to take proceedings under section 80 or 81 of the Act (section 6). The First Schedule to the Conciliation and Arbitration Regulations is also amended to reflect these changes (section 7).
These regulations impose various obligations on the parties or entities they govern. Firstly, the changes in regulations 110, 119, 123 and 124 require the parties to provide applications and notifications within thirty-five days, up from the previous twenty-one days (sections 1, 2, 3 and 4). The amendment to regulation 129 increases the timeframe for the filing of wills and alterations to twenty-eight days (section 5). Additionally, the new regulation 130a allows members of an organization to apply to the Registrar for financial assistance if they wish to take proceedings under section 80 or 81 of the Act (section 6). Finally, the amendments to the First Schedule ensure that the relevant forms are updated to reflect the new timeframes (section 7).
Breach of these regulations may have consequences, although the legislation does not explicitly state the penalties for non-compliance. However, it is worth noting that the failure to comply with the regulations may result in the proceedings being dismissed or not proceeding as intended. Additionally, the failure to provide the necessary applications and notifications within the specified timeframes may result in delays or additional costs for the parties involved. The Registrar has the discretion to grant financial assistance to members of an organization, which may be affected if the new regulation 130a is not followed correctly.