Industrial Relations Regulations (Amendment) 1996 No. 269
EXPLANATORY STATEMENT
Statutory Rules 1996 No. 269
(Issued by the Authority of the Minister for Industrial Relations)
Workplace Relations Act 1996
Industrial Relations Regulations (Amendment)
Subsection 359(1) of the Workplace Relations Act 1996 (the WR Act) provides that the GovernorGeneral may make regulations prescribing matters required or permitted by the WR Act, or necessary or convenient to give effect to the WR Act. The WR Act received Royal Assent on 25 November 1996. These regulations have the following purposes:
* to rename the Industrial Relations Regulations as the Workplace Relations Regulations, consequent upon the enactment of the WR Act (regulation 3);
* to ensure that references to the Industrial Relations Act 1988 are altered to references to the WR Act (regulations 4 and 6.2);
* to prescribe the form of an identity card to be issued to persons appointed as authorised officers under the WR Act (regulation 5; proposed new regulation 8A);
* to prescribe a procedure for authorised officers to follow prior to taking samples of any goods or substances (regulation 5; proposed new regulation 8B); and
* to prescribe the allowances payable to the Employment Advocate appointed under the WR Act (regulation 5; proposed new regulation 8C).
Regulation 3 of the amending regulations omits former regulation 1, and replace it with a new regulation. Former regulation 1 provided that the Industrial Relations Regulations may be cited as such. The new regulation provides that the existing body of regulations may be cited as the Workplace Relations Regulations. This change reflects the fact that the Industrial Relations Act 1988 has now been re-named the WR Act
Regulation 4 of the amending regulations amends the definition of "the Act" contained in regulation 2 of the former body of regulations. The new definition refers to the WR Act.
Regulation 5 of the amending regulations inserts a new Part IIIA, which includes three new regulations: SA, 8B and 8C.
Section 83BG of the WR Act provides that the Employment Advocate may, by instrument in writing, appoint certain persons as authorised officers. Subsection 83BE(1) of the WR Act makes it clear that the Employment Advocate may delegate this power of appointment to certain persons.
Where a person is appointed as an authorised officer, subsection 83BG(3) of the WR Act provides that the Employment Advocate must issue an identity card in the form prescribed by the regulations. The identity card must contain a recent photograph of the authorised officer.
New regulation SA provides that an identity card issued for the purposes of subsection 83BG(3) of the Act must be in accord with Form 1A.
Paragraph 83BH(4)(b) of the Act provides that, in certain places of business, an authorised officer may, as prescribed by the regulations, take samples of any goods or substances. New regulation 8B provides that an authorised officer may take a sample of any goods or substances after giving notice of the authorised officer's intention to take a sample to the owner or other person in charge of the goods or substances, or to an appropriate employee or other representative of the owner or person.
Subsection 83BJ(2) of the Act provides that the Employment Advocate is to be paid such allowances as are prescribed by the regulations. New regulation 8C provides that the Employment advocate is to be paid such allowances as are payable to a Senior Executive Service officer in the Australian Public Service.
A number of forms prescribed by the regulations formerly referred to the Industrial Relations Act 1988. These references were no longer correct.
Regulation 6.2 of the amending regulations ensures that references in the prescribed forms to the Industrial Relations Act 1988 are altered to become references to the Workplace Relations Act 1996.
Overview
The Industrial Relations Regulations (Amendment) 1996 No. 269, issued by the Authority of the Minister for Industrial Relations, amends the Industrial Relations Regulations to align with the new Workplace Relations Act 1996 (WR Act). Enacted by the Parliament of Australia, the WR Act received Royal Assent on 25 November 1996. This amendment addresses the need to update the regulations to reflect the changes brought about by the new Act. The policy objective of these amendments is to ensure that the regulations are consistent with the WR Act, thereby facilitating the transition from the Industrial Relations Act 1988 to the WR Act. The changes include renaming the Industrial Relations Regulations to Workplace Relations Regulations, updating references from the Industrial Relations Act 1988 to the WR Act, prescribing the form of identity cards for authorised officers, establishing procedures for taking samples of goods or substances, and determining the allowances payable to the Employment Advocate.
Scope and Application
The Industrial Relations Regulations (Amendment) 1996 No. 269 applies to the renaming of the Industrial Relations Regulations to the Workplace Relations Regulations, aligning with the enactment of the Workplace Relations Act 1996. It ensures that all references to the former Industrial Relations Act 1988 are updated to reflect the new Workplace Relations Act 1996. This legislation affects authorised officers who are appointed by the Employment Advocate under the new Act, who will be issued with identity cards in a prescribed form, and it also outlines the procedure for taking samples of goods or substances by these officers. Additionally, it addresses the allowances payable to the Employment Advocate, setting these in line with the remuneration of a Senior Executive Service officer in the Australian Public Service. The regulations apply nationally across Australia, governed by the Commonwealth, and extend to prescribed forms and procedures that were previously aligned with the Industrial Relations Act 1988. There are no specific exclusions, exemptions, or thresholds mentioned in the text, and the application of the Act is further detailed through subordinate instruments as necessary.
Key Provisions
The Industrial Relations Regulations (Amendment) 1996 No. 269 primarily aims to update and align the existing Industrial Relations Regulations with the new Workplace Relations Act 1996 (WR Act) (section 3). This includes renaming the regulations to the Workplace Relations Regulations and updating references from the Industrial Relations Act 1988 to the WR Act (regulations 3 and 4). Further, the amendment introduces new regulations concerning the powers and duties of authorised officers and the allowances for the Employment Advocate.
Under these regulations, authorised officers appointed by the Employment Advocate are required to carry an identity card in the form prescribed by regulation 5 (new regulation SA). This identity card must include a recent photograph of the officer and serve as proof of their authority. Additionally, regulation 5 (new regulation 8B) specifies that an authorised officer must notify the owner or person in charge of the premises or an appropriate employee before taking samples of goods or substances, ensuring transparency and due process. Regulation 5 (new regulation 8C) stipulates that the Employment Advocate's allowances are to be set at the level of a Senior Executive Service officer in the Australian Public Service, ensuring appropriate remuneration for the role.
Failure to comply with these regulations can result in various consequences. For example, unauthorised officers carrying forged identity cards may face criminal charges for impersonation or fraud. Similarly, officers who fail to provide proper notification before taking samples could be subject to disciplinary actions or legal challenges. Non-compliance with the prescribed allowances for the Employment Advocate could lead to disputes over remuneration, potentially resulting in legal action to rectify the situation. The specific penalties for these breaches would depend on the applicable laws, but they could range from fines to more severe criminal penalties depending on the nature and severity of the breach.