Conciliation and Arbitration Regulations (Amendment)

Legislation au C1967L00136 Regulations Not in force Legislative Instrument

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STATUTORY RULES

1967 No. 136

 

REGULATIONS UNDER THE CONCILIATION AND ARBITRATION ACT 1904-1966.*

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 Conciliation and Arbitration Act 1904-1966.

Dated this twenty-eighth day of September, 1967.

CASEY

Governor-General.

By His Excellency’s Command,

Nigel Bowen

Attorney-General.

 

Amendments of the Conciliation and Arbitration Regulations†

Parts.

1. Regulation 3 of the Conciliation and Arbitration Regulations is amended by inserting after the words—

“Division 3a.—Appeals from Courts of Marine Inquiry (Regulations 78-78h).”

the words—

“Division 3b.—Proceedings under the Trade Practices Act (Regulations 78j-78p).”.

2. After regulation 78h of the Conciliation and Arbitration Regulations the following Division is inserted:—

“Division 3b.—Proceedings under the Trade Practices Act.

Definitions.

“78j. In this Division—

‘question of law’ means a question of law arising in proceedings before the Tribunal that is referred to the Court under section 66 of the Trade Practices Act;

‘the Trade Practices Act’ means the Trade Practices Act 1965-1967;

‘the Tribunal’ means the Trade Practices Tribunal.

 

* Notified in the Commonwealth Gazette on 1967.

† Statutory Rules 1956, No. 60, as amended by Statutory Rules 1957, No. 78; 1958, Nos. 7 and 53; 1959, No. 19; 1960, No. 86; 1961, No. 123; 1963, No. 14; and 1967, No.              .

6569/67—Price 8c 9/8.9.1967


References of questions of law.

“78k.—(1.) The reference to the Court of a question of law shall be in writing signed on behalf of the Tribunal by the presidential member presiding at the hearing of the proceedings in which it has arisen and shall set out—

(a) a statement that the question is referred to the Court by the Tribunal of its own motion, or on the application of a specified party to the proceedings, as the case may be;

(b) a precise statement of the question of law;

(c) full particulars of the matter in relation to which the question has arisen;

(d) any findings of fact that the Tribunal has made that appear to be relevant to the question;

(e) a short statement of any contentions of the parties in relation to the question;

(f) if relevant to the question, the terms of any determination or order proposed to be made by the Tribunal; and

(g) the names and addresses of the parties to the proceedings before the Tribunal.

“(2.) Where—

(a) a question of law is referred to the Court; and

(b) an order has been made under the Trade Practices Regulations directing that persons having a common interest in the proceedings in which the question of law has arisen be represented in those proceedings by a person specified in the order,

it is sufficient compliance with paragraph (g) of the last preceding sub-regulation in relation to such of those persons as are parties to the proceedings if the name and address of the person so specified only is set out.

“(3.) Where a question of law arises in proceedings before the Tribunal in relation to which a person has an address for service, the address to be set out in respect of that person in the reference of the question is that address.

“(4.) The reference shall be lodged with the Registrar by the party who instituted the proceedings in the Tribunal in which the question arose.

“(5.) When a reference has been lodged with the Registrar in pursuance of the last preceding sub-regulation, the Chief Judge, or the next senior Judge who is available, shall fix a time and place for the hearing of the question of law and the Registrar shall send, in accordance with any directions of the Chief Judge or other Judge, to each of the persons that the Chief Judge or other Judge specifies, notice of the time and place so fixed, together with a copy of the reference.

Prosecutions for offences under section 101 of the Trade Practices Act.

“78l. In relation to a prosecution for an offence against the Trade Practices Act, an information, warrant or other process or a conviction shall suffice if the offence is set out, as nearly as may be, in the words of that Act.

Civil proceedings for damages under the Trade Practices Act.

“78m. Proceedings under section 88 or section 90zg of the Trade Practices Act shall, so far as is practicable, be instituted and conducted in like manner as actions for damages in the High Court are instituted and conducted.

Injunctions under Part Xa. of the Trade Practices Act.

“78n.—(1.) An application for an injunction under section 90r or 90w of the Trade Practices Act may be made to the Court or a Judge ex parte supported by an affidavit verifying the facts upon which the application is made.


“(2.) Upon such an application, the Court or Judge may make an order in accordance with Form 23a calling on the proposed respondent to show cause why an injunction should not be granted.

“(3.) As soon as practicable after an order in accordance with the last preceding sub-regulation is made, the applicant shall file the order and the supporting affidavit with the Registrar.

“(4.) An order under sub-regulation (2.) of this regulation, together with a copy of the affidavit referred to in sub-regulation (1.) of this regulation, shall be served by the applicant on the respondent at least two clear days before the day fixed for the hearing of the application, unless the Court or Judge gives leave for shorter service.

“(5.) At the hearing of the application, unless the Court or Judge otherwise permits—

(a) any evidence shall be by affidavit; and

(b) the evidence in support of the application shall consist solely of the evidence set out in the affidavit referred to in sub-regulation (1.) of this regulation.

“(6.) Where the Court or Judge hearing an application permits further evidence to be given in support of the application, the permission may be given subject to such conditions, including conditions as to costs, as the Court or Judge thinks fit

Evidence in respect of lodgment or receipt or non-lodgment or non-receipt of documents.

“78p.—(1.) In this regulation—

‘the Clerk’ means the Clerk of Shipping Agreements holding office under Part Xa. of the Trade Practices Act;

‘the Commissioner’ means the Commissioner of Trade Practices and includes a person appointed to act as the Commissioner of Trade Practices.

“(2.) In any proceedings in the Court, a certificate under the band of the Clerk certifying that a specified fact in relation to the lodgment or receipt or non-lodgment or non-receipt of a document, or of a document of a specified description, appears from records kept in the office of the Clerk is evidence of that fact.

“(3.) In any proceedings in the Court, a certificate under the hand of the Commissioner certifying that a specified fact in relation to the lodgment or receipt or non-lodgment or non-receipt of a document, or of a document of a specified description, appears from records kept in the offices of the Commissioner is evidence of that fact.”.

Fees.

3. Regulation 164 of the Conciliation and Arbitration Regulations is amended by omitting sub-regulation (1.) and inserting in its stead the following sub-regulations:—

“(1.) Subject to the next succeeding sub-regulation, the fees to be demanded and paid in respect of matters under the Act or these Regulations, or otherwise in respect of proceedings in the Court, shall be those set out in the Third Schedule to these Regulations.

“(1a.) The fees to be demanded and paid in respect of proceedings under section 88 or section 90zg of the Trade Practices Act 1965-1967 shall be the fees that would be payable under the High Court Rules, as in force for the time being, if the proceedings were in the High Court.”.


First Schedule.

4. The First Schedule to the Conciliation and Arbitration Regulations is amended by inserting after Form 23 the following form:—

Form 23a. Regulation 78n.

ORDER TO SHOW CAUSE.

In the Commonwealth Industrial Court.

In the matter of the Trade Practices Act 1965-19

Between The Minister of State for

Applicant

and

Respondent

It is hereby ordered that the abovenamed respondent appear before the Commonwealth Industrial Court at                                                                      in the State of                                                        on                            the                            day of                                                        , 19              , at                                          o’clock in the                                                        noon on the hearing of an application by the abovenamed applicant for an injunction under section 90r (or 90w) of the Trade Practices Act 1965-19              , to show cause why the said respondent should not be restrained from further contravening section 90p (or 90V) of that Act, upon the grounds appearing from the affidavit of                                          sworn the                            day of                                          , 19              , and filed herein.

Dated this   day of    , 19

By the Court,

Judge.

 

By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra

Overview

The Conciliation and Arbitration Regulations 1967 were enacted to provide a regulatory framework under the Conciliation and Arbitration Act 1904-1966, addressing the need for streamlined processes and procedures in labour disputes and related matters. These regulations were introduced by the Australian Parliament to amend the existing Conciliation and Arbitration Regulations and to incorporate new provisions related to the Trade Practices Act 1965-1967. The objective of these regulations is to ensure that matters pertaining to trade practices are efficiently handled within the existing industrial relations framework, facilitating a more coherent and integrated approach to resolving disputes that intersect with both labour and trade practices issues. The regulations aim to ensure that questions of law arising in trade practices proceedings are appropriately referred to the court, and to establish procedures for prosecutions, civil proceedings, and the issuance of injunctions in accordance with the Trade Practices Act. The Conciliation and Arbitration Regulations 1967 were made under the authority of the Governor-General, acting on the advice of the Federal Executive Council. This legislative instrument was designed to address the procedural gaps and to align the regulatory framework with the evolving needs of industrial relations and trade practices, ensuring that the Commonwealth Industrial Court could effectively manage and adjudicate on matters that required the interpretation and application of both labour laws and trade practices legislation.

Scope and Application

The Conciliation and Arbitration Regulations 1967, as amended by these statutory rules, apply to proceedings under the Trade Practices Act 1965-1967 within the Commonwealth of Australia. The regulations primarily govern the manner in which certain proceedings related to the Trade Practices Act are to be conducted within the Commonwealth Industrial Court, including references of questions of law, prosecutions for offences, civil proceedings for damages, and applications for injunctions. These regulations also outline the procedure for lodging references of questions of law, the form and content of such references, and the process for serving notices and evidence in these proceedings. The fees for proceedings under the Trade Practices Act are set out in the Third Schedule to the regulations and are aligned with the fees payable in the High Court for similar proceedings. The amendments to the regulations include the introduction of a new Division 3b, which specifically addresses proceedings under the Trade Practices Act, and adjustments to the fees structure for these proceedings. The regulations do not specify any exclusions, exemptions, or thresholds, and their application may be extended or restricted through subordinate instruments as deemed necessary.

Key Provisions

The Conciliation and Arbitration Regulations, as amended by Statutory Rules 1967 No. 136, introduce several key provisions, particularly focusing on proceedings under the Trade Practices Act. The primary operative sections include the insertion of Division 3b into the Regulations, which outlines proceedings under the Trade Practices Act (regulation 78j). This new division specifies how questions of law arising in Trade Practices Tribunal proceedings should be referred to the Court (regulation 78k), how prosecutions for Trade Practices Act offences should be handled (regulation 78l), and how civil proceedings for damages should be conducted (regulation 78m). Additionally, regulation 78n details the process for applying for injunctions under the Trade Practices Act, including the requirement for affidavits and the service of notices (regulation 78n). Regulation 78p establishes the evidentiary status of certificates from the Clerk of Shipping Agreements and the Commissioner of Trade Practices regarding the lodgment or receipt of documents. These regulations impose specific obligations on the Trade Practices Tribunal, parties involved in Trade Practices proceedings, and the Court. The Tribunal must refer questions of law to the Court in a prescribed format, including a precise statement of the question, relevant findings of fact, and details of the parties involved (regulation 78k). Parties to Trade Practices proceedings must ensure that any references to the Court are lodged by the party who instituted the proceedings in the Tribunal (regulation 78k(4)). When applying for an injunction, applicants must provide a supporting affidavit and serve the order and affidavit on the respondent at least two clear days before the hearing (regulation 78n(3) and (4)). Certificates from the Clerk or the Commissioner regarding the lodgment or receipt of documents are admissible as evidence in any Court proceedings (regulation 78p). Breach of these provisions can lead to various legal consequences. While the specific offences and penalties are detailed in the Trade Practices Act itself, the Regulations ensure that any prosecutions for offences under the Trade Practices Act follow the prescribed format (regulation 78l). Civil proceedings for damages must be conducted in a manner similar to actions for damages in the High Court (regulation 78m). Failure to comply with the requirements for referring questions of law or applying for injunctions could result in procedural errors, potentially leading to delays or dismissals in Court proceedings. Additionally, the penalties for breaches of the Trade Practices Act, such as fines or imprisonment, are not detailed in these Regulations but are outlined in the Trade Practices Act itself.

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