Statutory Rules
1974 No. 248
REGULATION UNDER THE CONCILIATION AND ARBITRATION ACT 1904-1974.*
I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Regulation under the Conciliation and Arbitration Act 1904-1974.
Dated this nineteenth day of December, 1974.
JOHN R. KERR
Governor-General.
By His Excellency’s Command,
LIONEL MURPHY
Attorney-General.
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Amendments of the Conciliation and Arbitration Regulations†
Prosecution for offences against the Trade Practices Act.
Regulation 78k of the Conciliation and Arbitration Regulations is amended—
(a) by omitting the words “In relation to” and substituting the words “Subject to sub-regulations (2) and (3), in relation to”; and
(b) by adding at the end the following sub-regulations:—
“(2) Any process instituting a prosecution for an offence against the Trade Practices Act shall contain such particulars as will give reasonable information of the act or omission to which the prosecution relates.
“(3) Nothing in this regulation derogates from the power of the Court or a Judge to amend the information, warrant or other process or to order further and better particulars of a matter to which the prosecution relates.”.
* Notified in the Australian Government Gazette on 23 December 1974.
† 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, Nos. 35 and 136; by Act No. 53 of 1970; and by Statutory Rules 1970, No. 162; 1971, Nos. 95 and 115; 1972, Nos. 6, 51, 107, 150 and 161; 1973, No. 225; and 1974, Nos. 171, 185 and 233.
Overview
Statutory Rules 1974 No. 248, issued under the Conciliation and Arbitration Act 1904-1974, was enacted to address the need for improved particulars in legal processes initiating prosecutions for offences against the Trade Practices Act. The regulation was made by the Governor-General of Australia, acting on the advice of the Executive Council, and was notified in the Australian Government Gazette on 23 December 1974. The policy objective behind this amendment was to ensure that any process instituting a prosecution for an offence under the Trade Practices Act must contain sufficient particulars to provide reasonable information about the alleged act or omission. Additionally, the regulation preserves the existing powers of the Court or a Judge to amend the information, warrant or other process, or to order further and better particulars of the matter in question. This amendment seeks to enhance the clarity and effectiveness of legal proceedings related to trade practices offences.
Scope and Application
This legislative instrument, Statutory Rules 1974 No. 248, made under the Conciliation and Arbitration Act 1904-1974, amends the Conciliation and Arbitration Regulations to modify the requirements for prosecuting offences against the Trade Practices Act. The amended regulation applies to any process instituting a prosecution for offences under the Trade Practices Act, ensuring that the process contains particulars that provide reasonable information about the act or omission related to the offence. This amendment does not affect the existing powers of the Court or a Judge to amend the information, warrant, or other process, or to order further and better particulars. The regulation extends to the Commonwealth of Australia, thereby affecting entities and persons within its jurisdiction who are involved in prosecuting offences under the Trade Practices Act. This amendment ensures that the process of prosecution maintains a certain standard of clarity and specificity, facilitating informed legal proceedings while preserving judicial flexibility.
Key Provisions
The Legislative Instrument in question amends the Conciliation and Arbitration Regulations by introducing new provisions regarding prosecutions for offences against the Trade Practices Act. Specifically, Regulation 78k is amended to include sub-regulations (2) and (3) which detail the requirements for initiating such prosecutions. Sub-regulation (2) stipulates that any process instituting a prosecution for an offence against the Trade Practices Act must contain particulars that provide reasonable information about the act or omission that forms the basis of the prosecution. Sub-regulation (3) ensures that the new requirements do not limit the Court or a Judge's existing powers to amend the information, warrant or other process, or to order further and better particulars of the matter in question.
Under these amendments, the obligations imposed on parties and entities involved in prosecutions under the Trade Practices Act are clear. Specifically, any legal process initiating such a prosecution must be detailed enough to give reasonable information about the alleged offence. This ensures that the accused has a clear understanding of the charges against them, facilitating a fair legal process. Additionally, the regulation preserves the Courts' ability to amend prosecution processes or request further information if necessary, ensuring flexibility in the legal proceedings.
Failure to comply with these provisions can have legal consequences. While the specific offences, penalties, or consequences for breaches are not detailed in this legislation, it is likely that breaches of these requirements could result in the prosecution process being challenged or deemed invalid. Given the context of the Conciliation and Arbitration Act, it is also plausible that non-compliance could lead to civil or criminal penalties as outlined in other sections of the Trade Practices Act or related legislation. The exact penalties would depend on the nature and severity of the breach, but could include fines or other sanctions as stipulated in relevant laws.