STATUTORY RULES.
1952. No. 71.
REGULATIONS UNDER THE CONCILIATION AND ARBITRATION ACT 1904-1952.*
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 1904-1952.
Dated this thirteenth day of August, 1952.
W. J. McKELL
Governor-General.
By His Excellency’s Command,
Attorney-General.
AMENDMENTS OF THE CONCILIATION AND ARBITRATION REGULATIONS.†
Institution of appeal.
1. Regulation 67E of the Conciliation and Arbitration Regulations is amended by omitting paragraphs (b) and (c) of sub-regulation (2.) and inserting in their stead the following word and paragraph:—
“and (b) the Attorney-General.”.
First Schedule.
2. The First Schedule to the Conciliation and Arbitration Regulations is amended—
(a) by omitting from Form 20 the words “a Judge of”; and
(b) by omitting from that form the words—
“To—
A Judge of the Commonwealth Court of Conciliation and Arbitration.”
and inserting in their stead the words—
“To the Commonwealth Court of Conciliation and Arbitration.”.
Third Schedule.
3. The Third Schedule to the Conciliation and Arbitration Regulations is repealed and the following Schedule inserted in its stead:—
“THIRD SCHEDULE.
Regulation 154.
FEES PAYABLE AT REGISTRAR’S OFFICE.
| £ | s. | d. |
1. For search ................................................... | 0 | 2 | 0 |
2. For inspecting documents (other than awards)............................ | 0 | 2 | 0 |
3. On issue and filing of a summons (other than a summons to witness), writ or notice ... | 0 | 5 | 0 |
4. On issue and filing of a summons to witness ............................. | 0 | 2 | 0 |
5. For obtaining and filing an order .................................... | 0 | 2 | 0 |
6. On filing an application under section 15 of the Act or an application for variation of an award or agreement . | 0 | 5 | 0 |
* Notified in the Commonwealth Gazette on , 1952.
† Statutory Rules 1947, No. 142, as amended by Statutory Rules 1948, Nos. 117, 143 and 146; 1949. Nos. 20, 28 and 49; 1951, Nos. 64, 100, 118 and 155; and 1952, Nos. 12, 39 and 55.
1973.—Price 3D. 9/16.7.1952.
7. On lodging or filing a declaration or affidavit ............................ | 0 | 2 | 6 |
8. On renewing a writ of execution .................................... | 0 | 5 | 0 |
9. For obtaining a certificate of the Registrar .............................. | 0 | 2 | 0 |
10. On taxing costs ............................................... | 0 | 10 | 0 |
11. For service of a document ........................................ | 0 | 12 | 6 |
Plus mileage fee, for each mile after the first mile ...................... | 0 | 2 | 0 |
12. For obtaining and filing a rule of Court ............................... | 0 | 5 | 0 |
13. For publication of an advertisement ................................. | Actual cost |
14. On lodging an application, and filing the declaration in support of the application, for registration of an organization, for change of name or conditions of eligibility for membership of an organization, or for change of description for industry in connexion with which it is registered | 1 | 0 | 0 |
15. On lodging a notice, and filing the declaration in support of the notice, of objection to an application for registration of an organization, for change of name or conditions of eligibility for membership or for change of description of industry in connexion with which it is registered | 1 | 0 | 0 |
16. For registering and issuing of a certificate of registration of an association as an organization | 2 | 2 | 0 |
17. On filing an industrial agreement ................................... | 0 | 5 | 0 |
18. For office copies of documents prepared by the applicant, per folio ............. | 0 | 0 | 8 |
But with a maximum fee of ..................................... | 1 | 0 | 0 |
19. For office copies of documents prepared by the Registrar, per folio............. | 0 | 1 | 2 |
20. For the preparation by the Registrar of an award or order for settlement (including any necessary notices and typing) | 2 | 2 | 0 |
21. On filing a document (other than a notification under section 14 of the Act) for which no other fee is provided | 0 | 2 | 6”. |
Commencement.
4. Regulation 3 of these Regulations shall come into operation on the first day of September, 1952.
By Authority: L. F. JOHNSTON, Commonwealth Government Printer, Canberra.
Overview
The Conciliation and Arbitration Regulations of 1952, made under the Conciliation and Arbitration Act 1904-1952, address the need to update and streamline processes within the framework of industrial conciliation and arbitration in Australia. Enacted by the Governor-General, acting with the advice of the Federal Executive Council, these regulations aim to modernise the administrative and procedural aspects of the arbitration process. The policy objective behind these amendments includes enhancing efficiency in the processing of various filings and applications, reducing redundancy, and ensuring clarity in the roles and responsibilities of the parties involved. The regulations include changes to the institution of appeals, the forms to be used, and the fees associated with various services provided by the Registrar’s Office, thereby ensuring that the system remains fair, accessible, and effective in resolving industrial disputes.
Scope and Application
The Conciliation and Arbitration Regulations, as amended by these Statutory Rules, apply to all entities and individuals engaged in industrial relations matters under the Conciliation and Arbitration Act 1904-1952. The Regulations govern the procedures and fees associated with various actions taken within the Commonwealth Court of Conciliation and Arbitration, including the institution of appeals, filing of documents, and the conduct of industrial agreements. These Regulations also outline the fees payable for various services provided by the Registrar’s office, such as searches, inspections, and the issuance of summonses or writs. The amendments made by this instrument primarily affect the institutional framework for appeals by removing the previous requirement for appeals to be addressed to a specific Judge and instead directing them to the Commonwealth Court of Conciliation and Arbitration as a whole. This legislative instrument applies nationwide, extending its reach across the entire Commonwealth of Australia. The scope of these Regulations can be further extended or refined through subordinate instruments, which may introduce additional fees or modify procedural requirements as necessary.
Key Provisions
The key operative sections of these Regulations, made under the Conciliation and Arbitration Act 1904-1952, include amendments to the institution of appeal process, changes to the form used to address submissions to the Commonwealth Court of Conciliation and Arbitration, and the replacement of the previous fees schedule with a new one (Regulation 1, 2 and 3). Regulation 67E(2) of the Conciliation and Arbitration Regulations is amended to include the Attorney-General in the institution of appeal process, allowing appeals to be made to them directly rather than through a Judge of the Commonwealth Court of Conciliation and Arbitration. Form 20 is updated to address submissions to "the Commonwealth Court of Conciliation and Arbitration" instead of "a Judge of" the Court, standardising the address for all submissions (Schedule 2). The Third Schedule is repealed and replaced with a new fees schedule detailing the charges for various services provided by the Registrar's Office, including search fees, document inspection fees, and fees for obtaining and filing various documents (Schedule 3).
These Regulations impose several obligations on the parties and entities they govern. Firstly, they require the Attorney-General to be included in the institution of appeal process, ensuring that appeals can be made directly to them. Secondly, they mandate a standardised format for addressing submissions to the Commonwealth Court of Conciliation and Arbitration, simplifying the process for those submitting documents. Lastly, the new fees schedule sets out the charges for various services provided by the Registrar's Office, ensuring transparency and consistency in the fees charged for these services.
Breach of these Regulations may result in civil or criminal consequences, depending on the nature of the breach. For example, failure to pay the specified fees when submitting documents to the Registrar's Office may result in the refusal of service or legal action to recover the outstanding fees. Additionally, non-compliance with the standardised format for addressing submissions to the Court may result in the submission being returned or disregarded. However, the Regulations themselves do not specify any maximum penalties for breach. Instead, penalties for breach would be determined by the relevant courts or tribunals, in accordance with the applicable laws and regulations.