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INDUSTRIAL RELATIONS AND OTHER LEGISLATION AMENDMENT ACT 1995 - SCHEDULE 11

Amendments of the National Labour Consultative Council Act 1977

   

Section 13

1  Section 3 (definition of appointed member ):

Omit the definition, substitute:

"appointed member" means a member appointed by the Minister under subsection 6(2).

2  Section 3 (definition of Secretary ):

Omit the definition.

3  Section 6:

Repeal the section, substitute:

6   Membership of Council

             (1)  The Council is to consist of these 15 members:

                     (a)  the Minister, who is to be the Chairperson of the Council;

                     (b)  7 members nominated by the Australian Council of Trade Unions;

                     (c)  3 members nominated by the Australian Chamber of Commerce and Industry;

                     (d)  one member nominated by the Australian Chamber of Manufactures;

                     (e)  one member nominated by the Metal Trades Industry Association of Australia;

                      (f)  one member nominated by the National Farmers' Federation;

                     (g)  one member nominated by Master Builders Australia.

             (2)  The Minister appoints the other members of the Council.

             (3)  Subject to this Act, a member (except the Minister) holds office for such period, not exceeding 2 years, as is specified in the instrument of appointment, but is eligible for re-appointment.

             (4)  A person who was a member of the Council immediately before the commencement of this section ceases at that commencement to be such a member, but is eligible for re-appointment.

4  Subsection 8(1):

Omit "referred to in subsection 6(1)", substitute "which has nominated a member under subsection 6(1)".

5  Subsection 8(2):

Omit the subsection.

6  Subsections 10(1) and (2):

Omit the subsections, substitute:

             (1)  The Minister may nominate a person to attend a meeting of the Council in his or her place.

             (2)  If an appointed member is unable to be present at a meeting of the Council, the organization which nominated that member may nominate a person to attend the meeting in that member's place.

7  Subsection 10A(1):

Omit "the Confederation of Australian Industry, the Australian Council of Trade Unions and the Metal Trades Industry Association of Australia,", substitute "the members of the Council,".

8  Subsection 11(1):

Omit the subsection, substitute:

             (1)  The Council must meet:

                     (a)  at least once each year during the period that begins on 1 January and ends on 30 June; and

                     (b)  at least once each year during the period that begins on 1 July and ends on 31 December.

9  Subsection 11(6):

Omit the subsection.

10  Subsection 12(2):

Omit "as if he were an officer of the Second Division of the Australian Public Service", substitute "at a rate equal to the highest rate of travelling allowance payable to officers of the Australian Public Service other than Secretaries within the meaning of the Public Service Act 1922 ".


 



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