Conciliation and Arbitration Regulations (Amendment)

Legislation au C1977L00033 Regulations Not in force Legislative Instrument

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Statutory Rules

1977 No. 33

REGULATIONS UNDER THE CONCILIATION AND ARBITRATION ACT 1904.*

I, THE GOVERNOR-GENERAL of 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.

Dated this seventeenth day of March, 1977.

JOHN R. KERR

Governor-General.

By His Excellency’s Command,

A. A. STREET

Minister of State for Employment and Industrial Relations.

 

Amendments of the Conciliation and Arbitration Regulations†

1. After regulation 136 of the Conciliation and Arbitration Regulations the following regulations are inserted:—

Definition of “ office ” in regulations 136B, 136C and 136E.

“ 136a. In regulations 136b, 136c and 136e, ‘ office ’ means an office specified in paragraph (a), (aa), (b) or (c) of the definition of ‘ office ’ in section 4 of the Act.

Returns of information concerning certain elections occurring after 1 July 1977.

“ 136b. (1) An organization shall, before 1 July 1977, file with the Registrar in respect of each election for an office within the organization, being an election in respect of which nominations of candidates will be called for or may be made under the rules of the organization during a period that commences during the 6 months commencing 1 July 1977, a return containing the following information;—

(a) the name of the office:

(b) where the electorate consists only of members of a branch, section or other division of the organization—the name of the branch, section or division;

(c) where more than one office referred to in paragraph (a) bears the same name—the number of those offices; and

(d) the time and date of commencement and close of the period during which nominations of candidates will be called for or may be made under the rules of the organization in respect of the election.

 

* Notified in the Australian Government Gazette on 21 March 1977.

† 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; 1967, Nos. 35 and 136; 1970, No. 162; 1971, Nos. 95 and 113; 1972, Nos. 6, 51, 107, 150 and 161; 1973, No. 225; 1974, Nos. 171, 185, 235 and 248; 1976, No. 187 and by Act No. 53 of 1970.


“ (2) Where nominations of candidates in respect of an election for an office within an organization will not be called for and will not be made under the rules of the organization during a period that commences during the 6 months commencing 1 July 1977, the organization shall, before that date, file with the Registrar a return stating that nominations of candidates will not be called for and will not be made under those rules during that period in respect of an election for an office within the organization.

“ (3) If there is a change in the matters referred to in a return filed with the Registrar by an organization under sub-regulation (2), being a change that occurs by reason that nominations of candidates in respect of an election for an office within the organization will be called for or may be made under the rules of the organization during the period referred to in that sub-regulation, the organization shall, not later than 21 days from and including the date of the change, file with the Registrar a return containing in respect of the election the information that organization would have been required to file with the Registrar if sub-regulation (1) had applied in relation to the organization in respect of the election.

“ (4) If there is a change in the matters referred to in a return filed with the Registrar by an organization under sub-regulation (1) or (3), the organization shall, not later than 21 days from and including the date of the change, file with the Registrar a return containing particulars of the change.

Penalty: $200.

Returns of information concerning elections occurring after 1 January 1978.

“ 136c. (1) An organization shall, before 1 September in each year, file with the Registrar in respect of each election for an office within the organization, being an election in respect of which nominations of candidates will be called for or may be made under the rules of the organization during a period that commences during the year commencing 1 January immediately succeeding the first-mentioned year, a return containing the following information:—

(a) the name of the office;

(b) where the electorate consists only of members of a branch, section or other division of the organization—the name of the branch, section or division;

(c) where more than one office referred to in paragraph (a) bears the same name—the number of those offices; and

(d) the time and date of commencement and close of the period during which nominations of candidates will be called for or may be made under the rules of the organization in respect of the election.

“ (2) Where nominations of candidates in respect of an election for an office within an organization will not be called for and will not be made under the rules of the organization during a period that commences during a year commencing 1 January, the organization shall, before 1 September in the year immediately preceding the first-mentioned year, file with the Registrar a return stating that nominations of candidates will not he called for and will not be made under those rules during that period in respect of an election for an office within the organization.

“ (3) If there is a change in the matters referred to in a return filed with the Registrar by an organization under sub-regulation (2). being a change that occurs by reason that nominations of candidates in respect of an election for an office within the organization will be called for or may be made under the rules of the organization during the period referred to in that sub-regulation, the organization shall, not later than 21 days from and including the date of the


change, file with the Registrar a return containing in respect of the election the information that organization would have been required to file with the Registrar if sub-regulation (1) had applied in relation to the organization in respect of the election.

“ (4) If there is a change in the matters referred to in a return filed with the Registrar by an organization under sub-regulation (1) or (3), the organization shall, not later than 21 days from and including the date of the change, file with the Registrar a return containing particulars of the change.

Penalty: $200.

Manner of execution of return under regulations 136B or 136C.

“ 136d. (1) In this regulation, ‘office’ means an office specified in paragraph (a) or (aa) of the definition of ‘office’ in section 4 of the Act.

“ (2) A return by an organization under regulation 136B or 136C shall be in writing signed by at least one person holding an office within the organization and shall set out, after the signature, the name of the office of each person who so signs the return.

Publication of information concerning elections.

“ 136e. (1) Subject to sub-regulation (3), where an organization has, in accordance with regulation 136b or 136c, filed with the Registrar a return in respect of an election, the Registrar shall cause to be published in a newspaper or newspapers, on the day referred to in sub-regulation (4), a notice setting out the information referred to in sub-regulation (2) and stating that the information was filed with the Registrar under regulation 136b or 136c, as the case may be.

“ (2) The information required under sub-regulation (1) to be published in respect of an election for an office within an organization is—

(a) the information contained in the return filed in respect of the election by the organization in accordance with sub-regulation 136b (1);

(b) the information contained in each return filed in respect of the election by the organization in accordance with sub-regulation 136b (3) or (4), as the case may be;

(c) the information contained in the return filed in respect of the election by the organization in accordance with sub-regulation 136c (1); and

(d) the information contained in each return filed in respect of the election by the organization in accordance with sub-regulation 136c (3) or (4), as the case may be.

“ (3) For the purposes of sub-regulation (1), if, before a notice is published setting out the information referred to in sub-regulation (2), the organization files a return under sub-regulation 136b (3) or (4) or 136c (3) or (4), the Registrar may, in the one notice to be published under this regulation, combine the information contained in the returns filed under regulation 136b or 136c, as the case may be.

“ (4) The notice required under sub-regulation (1) to be published in respect of an election for an office within an organization shall be so published—

(a) in the case of a notice setting out information contained in a return filed under regulation 136b relating to the 6 months commencing 1 July 1977—on Saturday 6 August 1977 or on a Saturday as soon as practicable after that Saturday:

(b) in the case of a notice setting out information contained in a return filed under regulation 136c relating to the 6 months commencing on 1 January in a year—on the first Saturday in October preceding that 1 January or on a Saturday as soon as practicable after that Saturday; or

 

 

 

 

 

 

 

 

(c) in the case of a notice setting out information contained in a return filed under regulation 136c relating to the 6 months commencing 1 July in a year—on the first Saturday in April in that year or on a Saturday as soon as practicable after that Saturday.

“ (5) The Registrar shall determine—

(a) the newspaper or newspapers in which a notice referred to in this regulation shall be published; and

(b) the form of the notice,

having regard to the likelihood that publication of the notice in that form in the newspaper or newspapers will bring the information contained in the notice to the attention of members of the organization to which the information relates.”.

Post box for ballot papers.

2. Regulation 146ah of the Conciliation and Arbitration Regulations is amended by adding at the end thereof the following sub-regulation:—

“ (2) Access to the private box referred to in sub-regulation (1) shall be under the exclusive control of—

(a) persons authorized by the Australian Postal Commission for the purpose;

(b) the Returning Officer: and

(c) persons authorized in writing by the Returning Officer for the purpose.”.

Issue of ballot papers.

3. Regulation 146aj of the Conciliation and Arbitration Regulations is amended—

(a) by inserting in sub-regulation (4) after the words “ returned to a ” the word “ specified ”, and

(b) by inserting after sub-regulation (4) the following sub-regulation;—

“ (4a) Access to the private box referred to in sub-regulation (4) shall be under the exclusive control of—

(a) persons authorized by the Australian Postal Commission for the purpose;

(b) the Returning Officer; and

(c) persons authorized in writing by the Returning Officer for the purpose ”.

Prevention of irregularities.

4. Regulation 146as of the Conciliation and Arbitration Regulations is amended by inserting in paragraph (a) of sub-regulation (2) before the word “ refuse ” the words “ without reasonable excuse ”.

 

Overview

The Conciliation and Arbitration Regulations 1977, made under the Conciliation and Arbitration Act 1904, aim to address the need for standardised reporting and transparency in internal elections within organisations regulated by the Act. Enacted by the Governor-General with the advice of the Federal Executive Council, these regulations were designed to ensure that information regarding internal elections is accurately reported and made public. The policy objective is to maintain fairness and transparency in the electoral processes of organisations subject to the Conciliation and Arbitration Act. By requiring organisations to file detailed returns concerning their internal elections, the regulations help to prevent irregularities and ensure that members are well-informed about the electoral processes. These regulations also mandate the publication of such information to enhance transparency and accountability within the organisations.

Scope and Application

The Conciliation and Arbitration Regulations 1977, made under the Conciliation and Arbitration Act 1904, apply to organisations within the scope of the Act and regulate various aspects of industrial relations, including the conduct of elections for offices within these organisations. The Regulations require organisations to file specific information about elections for certain offices with the Registrar, ensuring transparency and accountability in the election process. These filings must occur within prescribed timelines, with penalties of $200 for non-compliance. The geographic reach of these Regulations is national, as they pertain to the Commonwealth of Australia. Notably, the Regulations mandate the publication of information concerning these elections, aiming to make the election process accessible to all members of the organisation. The Regulations also delineate the process for the execution and publication of returns and provide for the control of access to ballot papers and ballot boxes to prevent irregularities. Any amendments or extensions to the application of these Regulations may be made through subordinate instruments, ensuring the framework remains adaptable to changing industrial relations needs.

Key Provisions

The Statutory Rules 1977 No. 33, made under the Conciliation and Arbitration Act 1904, introduces several new regulations and amendments to existing regulations, primarily focusing on the reporting and transparency of organisational elections. Regulation 136a introduces a definition for the term "office" within the context of regulations 136b, 136c, and 136e. Regulation 136b mandates that organizations must submit specific information about any election for an office occurring within a six-month period starting from 1 July 1977. This information includes the name of the office, the name of the branch or division if applicable, the number of offices with the same name, and the dates for nomination periods. Regulation 136c extends this requirement, requiring organizations to file similar information annually for elections occurring in the period commencing 1 January each year, with returns due by 1 September each year. Both regulations stipulate a $200 penalty for non-compliance. Regulation 136d outlines the manner in which returns must be executed, specifying that they must be in writing and signed by at least one person holding an office within the organization, with the names of the signatories noted. Regulation 136e requires the Registrar to publish the information received from these returns in a newspaper, ensuring public transparency. The Regulations impose clear obligations on organizations to file timely and accurate returns regarding elections for specified offices. These returns must be signed by an authorized person within the organization and must include all relevant details about the election. Failure to file these returns, or filing them incorrectly, carries a financial penalty of $200. Additionally, organizations must promptly update the Registrar if there are any changes to the information previously submitted. Non-compliance with the requirements to file the necessary returns can result in a penalty of $200, as stipulated in regulations 136b and 136c. This penalty serves as a deterrent to ensure organizations adhere to the mandated reporting procedures. Furthermore, regulations 146ah and 146aj address the control and handling of ballot papers, ensuring that access to ballot boxes is restricted to authorized personnel only, thereby preventing irregularities in the election process.

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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.