CONCILIATION AND ARBITRATION AMENDMENT ACT (NO. 2) 1976 NO. 117, 1976 CONCILIATION AND ARBITRATION AMENDMENT ACT (NO. 2) 1976 NO. 117, 1976 - TABLE OF PROVISIONS 1. Short title. 2. Commencement. 3. Interpretation. 4. Rules to provide for elections, secret ballots and certain other matters. 5. Scheme of amalgamation to be submitted. 6. Court may order reconstitution of branch, &c. CONCILIATION AND ARBITRATION AMENDMENT ACT (No. 2) 1976 No. 117 of 1976 - SECT 1 Short title. CONCILIATION AND ARBITRATION AMENDMENT ACT (No. 2) 1976 No. 117 of 1976 An Act to amend the Conciliation and Arbitration Act 1904. BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:- Short title, &c. 1. (1) This Act may be cited as the Conciliation and Arbitration Amendment Act (No. 2) 1976.*1* (2) The Conciliation and Arbitration Act 1904*2* is in this Act referred to as the Principal Act. CONCILIATION AND ARBITRATION AMENDMENT ACT (No. 2) 1976 No. 117 of 1976 - SECT 2 Commencement. 2. This Act shall come into operation on the day on which it receives the Royal Assent.*1* CONCILIATION AND ARBITRATION AMENDMENT ACT (No. 2) 1976 No. 117 of 1976 - SECT 3 Interpretation. 3. Section 4 of the Principal Act is amended- (a) by omitting from sub-section (1) the definition of '' Direct voting system '' and substituting the following definitions:- '' ' Collegiate electoral system ', in relation to an election for an office in an organization, means a method of election comprising a first stage, at which persons are elected to a number of offices by a direct voting system, and a subsequent stage or subsequent stages at which persons are elected by and from the persons elected at the next preceding stage; ' Direct voting system ', in relation to an election for an office in an organization, means a method of election at which all financial members, or all financial members included in such branch, section or other division, or in such class, as is appropriate, having regard to the nature of the office, are, subject to reasonable provisions with respect to enrolment, eligible to vote;''; (b) by omitting paragraphs (d) and (e) of the definition of '' Office '', in sub-section (1) and substituting the following paragraph:- ''(d) every office within the organization or branch for the filling of which an election is required to be conducted within the organization or branch ;''; (c) by adding at the end of sub-section (1) the following definition:- '' ' One-tier collegiate electoral system ' means a collegiate electoral system comprising only one stage after the first stage.''; and (d) by adding at the end thereof the following sub-section:- '' (5) For the purposes of the application of the definition of ' collegiate electoral system ' in sub-section (1) in relation to an election for an office in an organization, an electoral system that otherwise complies with that definition shall be deemed to comply with that definition notwithstanding that the persons comprising a body of persons by and from whom persons are elected at any stage subsequent to the first stage include persons (not exceeding in number 15 per centum of the total number of the body) who are the holders of offices entitling the holders to membership of that body (which may include the office to which the election relates) but are not members of that body by virtue of an election in accordance with that definition, being persons each of whom has held such an office (whether the one office or not) at all times since being elected to such an office under a collegiate electoral system, or a direct voting system, as defined in sub-section (1).''. CONCILIATION AND ARBITRATION AMENDMENT ACT (No. 2) 1976 No. 117 of 1976 - SECT 4 Rules to provide for elections, secret ballots and certain other matters. 4. Section 133 of the Principal Act is amended- (a) by omitting paragraph (a) of sub-section (1) and substituting the following paragraph:- ''(a) shall provide for the election of the holder of each office within the association or organization either by- (i) a direct voting system; or (ii) a collegiate electoral system being, in the case of an office the duties of which are of a full-time nature, a one-tier collegiate electoral system;''; (b) by omitting sub-section (1A); (c) by omitting sub-sections (3), (4), (4A) and (4B) and substituting the following sub-sections:- '' (3) An organization that became registered before the date of commencement of this Act is allowed a period of 2 years after that date, or such longer period as the Industrial Registrar determines, within which to bring its rules into conformity with the requirements of paragraph (a) of sub-section (1). '' (4) If the rules of an organization to which sub-section (3) applies do not, at the expiration of the period allowed by that sub-section, in the opinion of the Industrial Registrar, conform, so far as they relate to an office referred to in that sub-section, with the requirements of paragraph (a) of sub-section (1), the Industrial Registrar may, after inviting the organization to consult with him on the matter, determine such alterations of the rules as will, in his opinion, bring them, so far as they relate to that office, into conformity with those requirements. '' (4A) If, at the commencement of this sub-section, the rules of an organization do not, in the opinion of the Industrial Registrar, comply with the requirements of paragraph (b), (c), (d), (e) or (f) of sub-section (1), the Industrial Registrar may, after inviting the organization to consult with him on the matter, determine such alterations of the rules as will, in his opinion, bring them into conformity with those requirements.''; (d) by omitting from sub-section (4C) the words '' Notwithstanding sub-sections (3) and (4), an association which was registered as an organization on '' and substituting the words '' An organization that was registered at ''; and (e) by omitting from sub-section (5) the words '' sub-section (4), (4B) or (4D) '' and substituting the words '' sub-section (4), (4A) or (4D)''. CONCILIATION AND ARBITRATION AMENDMENT ACT (No. 2) 1976 No. 117 of 1976 - SECT 5 Scheme of amalgamation to be submitted. 5. Section 158F of the Principal Act is amended by omitting sub- section (1A). CONCILIATION AND ARBITRATION AMENDMENT ACT (No. 2) 1976 No. 117 of 1976 - SECT 6 Court may order reconstitution of branch, &c. 6. Section 171D of the Principal Act is amended by adding at the end thereof the following sub-section:- '' (7) Where- (a) a scheme to be approved under this section will involve provision for an election for an office in the organization concerned; and (b) the rules of the organization in force, or purporting to be in force, provide, in respect of that office, for- (i) a collegiate electoral system, or an electoral system which, although it is not a ' collegiate electoral system ' as defined in section 4, is of a similar nature; or (ii) a direct voting system, or a voting system which, although it is not a ' direct voting system ' as defined in section 4, is of a similar nature, the Court shall not, in proceedings under this section, where sub-paragraph (i) of paragraph (b) applies, approve a scheme that provides for an election for that office otherwise than under a collegiate electoral system or, where sub-paragraph (ii) of paragraph (b) applies, approve a scheme that provides for an election for that office otherwise than under a direct voting system, or in either case a scheme that departs from the provisions of those rules to a greater extent than the Court is satisfied is necessary having regard to the requirements of this Act.''. ------------------------------------------------------------------------------ -- CONCILIATION AND ARBITRATION AMENDMENT ACT (No. 2) 1976 No. 117 of 1976 - NOTES NOTES 1. Act No. 117, 1976; assented to 12 November 1976. 2. Act No. 13, 1904, as amended. For previous amendments see Act No. 28, 1909; No. 7, 1910; No. 6, 1911; Nos. 5 and 18, 1914; No. 35, 1915; No. 39, 1918; No. 31, 1920; No. 29, 1921; No. 22, 1926; No. 8, 1927; No. 18, 1928; No. 43, 1930; Nos. 45 and 54, 1934; Nos. 14 and 30, 1946; Nos. 10 and 52, 1947; Nos. 65 and 77, 1948; Nos. 28 and 86, 1949; Nos. 51 and 80, 1950; Nos. 18 and 58, 1951; No. 34, 1952; Nos. 17, 18 and 54, 1955; Nos. 44 and 103, 1956; No. 30, 1958; No. 40, 1959; Nos. 15, 17 and 110, 1960; No. 40, 1961; Nos. 99 and 115, 1964; Nos. 22 and 92, 1965; Nos. 64 and 93, 1966; No. 101, 1967; No. 38, 1968; Nos. 12, 15 and 40, 1969; No. 53, 1970; No. 37, 1972; No. 138, 1973; No. 216, 1973 (as amended by No. 20, 1974); No. 89, 1974; No. 64, 1975; and Nos. 3, 64 and 91, 1976.