CONCILIATION AND ARBITRATION AMENDMENT ACT (NO. 3) 1977 NO. 108, 1977 CONCILIATION AND ARBITRATION AMENDMENT ACT (NO. 3) 1977 NO. 108, 1977 - TABLE OF PROVISIONS 1. Short title. 2. Commencement 3. Interpretation 4. Certain offences in relation to members of organizations, &c. 5. Procedures in respect of conduct in breach of bans clause 6. Appeals 7. Secret ballot may be ordered 8. Power to grant preference to members of organizations 9. Cancellation of an award 10. Powers of Court 11. Entry on premises 12. Registration of organizations 13. 14. Rules to provide for elections, secret ballots and certain other matters 15. Elections to be by secret postal ballot 16. Alteration of name or rules of organizations 17. Requirements as to rules 18. Direction for performance of rules 19. Representation of employees by an organization 20. Application for cancellation of registration 21. Entitlement to membership of organizations 22. 23. Records to be kept and filed by organizations 24. Appointment of auditors of organizations 25. 26. Action by Registrar 27. Industrial Registrar to make arrangements for conduct of elections, &c. 28. Court may make orders in respect of consequences of invalidity 29. 30. Amendment of Conciliation and Arbitration Act 1975 31. Application CONCILIATION AND ARBITRATION AMENDMENT ACT (NO. 3) 1977 No. 108 of 1977 - SECT 1 Short title. CONCILIATION AND ARBITRATION AMENDMENT ACT (NO. 3) 1977 No. 108 of 1977 An Act to amend the Conciliation and Arbitration Act 1904, and for other purposes. 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. 3) 1977.*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. 3) 1977 No. 108 of 1977 - SECT 2 Commencement 2. (1) Subject to sub-section (2), this Act shall come into operation on the day on which it receives the Royal Assent.*1* (2) Sections 5, 11, 15, 17, 18, 19 and 21, paragraphs 23 (a) and (b) and sections 24, 25, 28 and 31 shall come into operation on such respective dates as are fixed by Proclamation. CONCILIATION AND ARBITRATION AMENDMENT ACT (NO. 3) 1977 No. 108 of 1977 - SECT 3 Interpretation 3. Section 4 of the Principal Act is amended- (a) by inserting in sub-section (1), after the definition of ''Collegiate electoral system'', the following definition: '' 'Committee of management', in relation to an organization or a branch of an organization, means the group or body of persons (however described) that manages the affairs of that organization or of that branch, as the case may be;''; (b) by inserting in sub-section (1), after the definition of ''Full Bench'', the following definition: '' 'Industrial action' means- (a) the performance of work (being work the terms and conditions of which are prescribed, wholly or partly, by an award of the Commission, an award, determination or order made by another tribunal in pursuance of a law of the Commonwealth or by or under a law of the Commonwealth) in a manner different from that in which it is customarily performed, or the adoption of a practice in relation to such work, the result of which is a restriction or limitation on, or a delay in, the performance of the work; (b) a ban, limitation or restriction on the performance of work, or on acceptance or offering for work, in accordance with the terms and conditions prescribed by an award of the Commission, an award, determination or order made by another tribunal in pursuance of a law of the Commonwealth or by or under a law of the Commonwealth; or (c) a failure or refusal by persons to attend for work or a failure or refusal to perform any work at all by persons who attend for work, but does not include the performance of work in a manner, the adoption of a practice, ban, limitation or restriction, or a failure or refusal, that is authorized by the employer of the persons concerned;''; and (c) by adding at the end thereof the following sub-section: ''(6) For the purposes of this Act- (a) conduct is capable of constituting industrial action notwithstanding that the conduct concerned relates to part only of the duties that persons are required to perform in the course of their employment; and (b) a reference to industrial action shall be read as including a reference to a course of conduct consisting of a series of industrial actions.''. CONCILIATION AND ARBITRATION AMENDMENT ACT (NO. 3) 1977 No. 108 of 1977 - SECT 4 Certain offences in relation to members of organizations, &c. 4. Section 5 of the Principal Act is amended- (a) by inserting in sub-section (1), after paragraph (a), the following paragraph: ''(aa) has refused or failed to join in industrial action; or''; (b) by inserting in sub-section (1A) after paragraph (a), the following paragraph : ''(aa) with the intent to coerce the employee to join in industrial action; or''; and (c) by omitting sub-section (4) and substituting the following sub-section: ''(4) In any proceedings for an offence against this section, if all the relevant facts and circumstances, other than the reason or intent set out in the charge as being the reason or intent of an action alleged in the charge, are proved, it lies upon the person charged to prove that that action was not actuated by that reason or taken with that intent.''. CONCILIATION AND ARBITRATION AMENDMENT ACT (NO. 3) 1977 No. 108 of 1977 - SECT 5 Procedures in respect of conduct in breach of bans clause 5. Section 33 of the Principal Act is amended- (a) by inserting in sub-section (2) ''or to the Bureau'' after ''award'' (first occurring); (b) by inserting in sub-section (2) ''or the Bureau'' after ''organization'' (last occurring); (c) by inserting after sub-section (3) the following sub-section: ''(3A) The Bureau shall not be represented in proceedings under sub-section (3).''; and (d) by omitting sub-section (7) and substituting the following sub-sections: ''(7) Where- (a) proceedings in relation to any conduct have been commenced before a Presidential Member in accordance with sub-section (3); and (b) the conduct is still continuing notwithstanding that the Presidential Member has taken all steps that appear to him to be appropriate for bringing about its early cessation, the Presidential Member shall make and sign a record to that effect and transmit it to the Registrar for filing with the other documents relating to the proceedings. ''(7A) Where a record has been filed under sub-section (7), the Bureau or any person who was a party to the proceedings to which the record relates may apply for a certificate under sub-section (5) in respect of the conduct to which the record relates. ''(7B) The Presidential Member to whom an application is made under sub-section (7A) shall not refuse the application unless he is satisfied that a prompt settlement of the matters giving rise to the conduct concerned will be effected or that the conduct concerned is otherwise about to cease.''. CONCILIATION AND ARBITRATION AMENDMENT ACT (NO. 3) 1977 No. 108 of 1977 - SECT 6 Appeals 6. Section 35 of the Principal Act is amended- (a) by omitting from paragraph (b) of sub-section (2) ''or''; and (b) by adding at the end of sub-section (2) the following word and paragraph: '' or (d) the making of an order, or the refusal to make an order, by a Presidential Member under section 142A.''. CONCILIATION AND ARBITRATION AMENDMENT ACT (NO. 3) 1977 No. 108 of 1977 - SECT 7 Secret ballot may be ordered 7. Section 45 of the Principal Act is amended- (a) by omitting paragraphs (a) and (b) of sub-section (2) and sub-stituting the following paragraphs: ''(a) that industrial action is being taken or the taking of industrial action is threatened, pending or probable; and (b) that the cessation or prevention of the industrial action, or the settlement of the matters giving rise to the industrial action, would or might be encouraged or assisted by ascertaining the views or the attitudes of the members, or of a section or class of the members, of the organization concerned, or a branch of that organization, in relation to the matter.''; and (b) by omitting sub-section (5). CONCILIATION AND ARBITRATION AMENDMENT ACT (NO. 3) 1977 No. 108 of 1977 - SECT 8 Power to grant preference to members of organizations 8. (1) Section 47 of the Principal Act is amended by omitting sub-sections (3), (4), (5), (6) and (7) and substituting the following sub-section: ''(3) Where the Commission has, under sub-section (1), directed, by an award or order, that preference shall be given to members of an organization of employees, an employer bound by the award or order is not required, by reason of the award or order, to give preference to members of the organization over a person in respect of whom there is in force a certificate issued under section 144A.''. (2) A certificate in force under sub-section 47 (3) of the Principal Act immediately before the commencement of this section continues in force as if it had been issued under section 144A of the Conciliation and Arbitration Act 1904. CONCILIATION AND ARBITRATION AMENDMENT ACT (NO. 3) 1977 No. 108 of 1977 - SECT 9 Cancellation of an award 9. Section 62 of the Principal Act is amended- (a) by inserting in sub-section (1) '', the Bureau'' after ''Minister''; and (b) by inserting in paragraph (a) of sub-section (1) ''or the regulations'' after ''Act''. CONCILIATION AND ARBITRATION AMENDMENT ACT (NO. 3) 1977 No. 108 of 1977 - SECT 10 Powers of Court 10. Section 109 of the Principal Act is amended- (a) by inserting in paragraph (b) of sub-section (1) ''or the regulations'' after ''Act''; and (b) by omitting sub-section (2) and substituting the following sub-section: ''(2) The Minister may, on behalf of the Commonwealth and in the public interest, or the Bureau may, in the public interest, apply to the Court for an order under paragraph (b) of sub- section (1), but this sub-section does not prejudice any right that any other person has to apply for such an order.''. CONCILIATION AND ARBITRATION AMENDMENT ACT (NO. 3) 1977 No. 108 of 1977 - SECT 11 Entry on premises 11. Section 126P of the Principal Act is amended- (a) by omitting from sub-paragraph (i) of paragraph (a) of sub-section (1) ''or'' (last occurring); (b) by adding at the end of paragraph (a) of sub-section (1) the following word and paragraph: ''or (iii) a place of business of- (A) an organization; or (B) an association that was, within 6 months of the entry, registered as an organization, being a place of business in which the authorized person has reasonable cause to believe that there are books or documents relevant to that purpose;''; (c) by omitting from paragraph (b) of sub-section (1) ''and''; and (d) by inserting in sub-section (1), after paragraph (b), the following paragraph: ''(ba) in a place referred to in sub-paragraph (iii) of paragraph (a), interview an officer, employee, agent or returning officer of the organization or association concerned; and''. CONCILIATION AND ARBITRATION AMENDMENT ACT (NO. 3) 1977 No. 108 of 1977 - SECT 12 Registration of organizations 12. Section 132 of the Principal Act is amended- (a) by omitting sub-paragraphs (ii) and (iii) of paragraph (b) of sub-section (1) and substituting the following word and sub-paragraph: ''or (ii) persons who are employees who are qualified to be employed in or in connexion with that industry;''; (b) by omitting from paragraph (b) of sub-section (1) ''or (iii)''; (c) by omitting sub-paragraphs (ii) and (iii) of paragraph (c) of sub-section (1) and substituting the following word and sub-paragraph: ''or (ii) persons who are employees who are qualified to be engaged as employees in that industrial pursuit or in one of those industrial pursuits;''; (d) by omitting from paragraph (c) of sub-section (1) ''or (iii)''; and (e) by adding at the end thereof the following sub-section: ''(4) In sub-paragraph (ii) of paragraph (b), and sub-paragraph (ii) of paragraph (c), of sub-section (1), 'employee' means any employee in any industry, and includes- (a) any person whose usual occupation is that of employee in any industry; and (b) any person employed in an industry, or engaged in an industrial pursuit, in the State of New South Wales, Queensland, South Australia or Western Australia who- (i) in the case of a person so employed or engaged in New South Wales-is an employee for the purposes of the Industrial Arbitration Act 1940 of that State or that Act as amended from time to time; (ii) in the case of a person so employed or engaged in Queensland-is an employee for the purposes of the Industrial Conciliation and Arbitration Act 1961-1976 of that State or that Act as amended from time to time; (iii) in the case of a person so employed or engaged in South Australia-is an employee for the purposes of the Industrial Conciliation and Arbitration Act, 1972-1975 of that State or that Act as amended from time to time; or (iv) in the case of a person so employed or engaged in Western Australia-is a worker for the purposes of the Industrial Arbitration Act, 1912-1976 of that State or that Act as amended from time to time.''. CONCILIATION AND ARBITRATION AMENDMENT ACT (NO. 3) 1977 No. 108 of 1977 - SECT 13 13. After section 132 of the Principal Act the following section is inserted: Offences in relation to independent contractors, &c. ''132A. (1) An organization- (a) shall not advise, encourage or incite a person (whether an employer or not) to take discriminatory action against an eligible person by reason of the circumstance that the eligible person is not a member of the organization; (b) shall not take, or threaten to take, industrial action against an employer with the intent to coerce the employer to take dis- criminatory action against an eligible person by reason of the circumstance that the eligible person is not a member of the organization; or (c) shall not take, or threaten to take, industrial action against an eligible person being an employer, with the intent to coerce him to join the organization. ''(2) A contravention of sub-section (1) is an offence against that sub-section punishable, upon conviction, by- (a) where the action constituting the offence has continued for more than a day-a penalty not exceeding a fine of $400 for each day during which that action has continued; or (b) in any other case-a penalty not exceeding a fine of $400. ''(3) In any proceedings for an offence against sub-section (1), if all the relevant facts and circumstances, other than the reason or intent of an action alleged in the charge, are proved, it lies upon the person charged to prove that that action was not actuated by that reason or taken with that intent. ''(4) For the purposes of this section, an action taken by- (a) the committee of management of an organization; (b) the committee of management of a branch of an organization; (c) an officer, employee or agent of an organization; (d) a group of members of an organization; or (e) a member of an organization who performs the function of dealing with an employer on behalf of himself and other members of the organization, shall be deemed to have been taken by the organization. ''(5) In this section- 'discriminatory action', in relation to an eligible person, means- (a) to refuse to make use of, or to refuse to agree to make use of, any service offered by the eligible person; or (b) to refuse to supply, or to refuse to agree to supply, goods or services to the eligible person; 'eligible person' means a person who- (a) is engaged in activities in an industry, otherwise than as an employee; and (b) by reason of being so engaged, is, or would, if he were an employee, be, eligible to join an organization.''. CONCILIATION AND ARBITRATION AMENDMENT ACT (NO. 3) 1977 No. 108 of 1977 - SECT 14 Rules to provide for elections, secret ballots and certain other matters 14. (1) Section 133 of the Principal Act is amended by omitting from sub-section (3) ''Act'' and substituting ''sub-section''. (2) The amendment made by sub-section (1) shall be deemed to have come into operation on 12 November 1976. CONCILIATION AND ARBITRATION AMENDMENT ACT (NO. 3) 1977 No. 108 of 1977 - SECT 15 Elections to be by secret postal ballot 15. Section 133AA of the Principal Act is amended- (a) by omitting sub-section (2) and substituting the following sub-sections: ''(2) The regulations may prescribe rules for and in relation to the conduct of an election in accordance with the requirements of this section. ''(2A) Rules prescribed under sub-section (2) shall be deemed to form part of the rules of each organization and any other rules of the organization that are inconsistent with the rules so prescribed shall, to the extent of the inconsistency, cease to have effect. ''(2B) The rules prescribed under sub-section (2) do not apply in relation to an election a step in which was taken, in accordance with the rules of the organization concerned, before the date of commencement of this sub-section.''; and (b) by inserting after sub-section (4) the following sub-sections: ''(4A) Where, on an application under section 141 or 171C, the Court finds that an election, or a step in an election, that was required by this section to be conducted by secret postal ballot in accordance with rules prescribed under sub-section (2) was not so conducted, the Court may, with respect to that election, make such orders referred to in paragraphs (a) and (c) of sub-section (3) of section 165 as it could have made if the Court had found, after an enquiry under section 165, that an irregularity had occurred with respect to that election. ''(4B) Subject to sub-section (4C), a person shall not purport to hold an office within an organization if- (a) the election by virtue of which he purports to hold the office was an election to which this section applied; and (b) he was not elected to that office by a secret postal ballot. Penalty: $200 for each day during which the offence continues. ''(4C) Sub-section (4B) does not apply in relation to a person who holds an office by virtue of an order of the Court. ''(4D) Where a person is convicted of an offence under sub-section (4B), the organization within which is the office to which the offence relates is guilty of an offence against this sub-section punishable, upon conviction, by a fine of $1,000 for each day during which the offence of the person has continued.''. CONCILIATION AND ARBITRATION AMENDMENT ACT (NO. 3) 1977 No. 108 of 1977 - SECT 16 Alteration of name or rules of organizations 16. Section 139 of the Principal Act is amended- (a) by adding at the end of sub-section (2) ''but shall not so consent unless he is satisfied that the change or alteration has been made in accordance with the relevant procedures laid down by the rules of the organization''; and (b) by adding at the end of sub-section (4) ''and has been made in accordance with the relevant procedures laid down by the rules of the organization''. CONCILIATION AND ARBITRATION AMENDMENT ACT (NO. 3) 1977 No. 108 of 1977 - SECT 17 Requirements as to rules 17. (1) Section 140 of the Principal Act is amended by omitting sub-sections (2), (3), (4) and (5) and substituting the following sub- sections: ''(2) A member of an organization may apply to the Court for an order under this section in respect of the organization. ''(3) A member of an organization who considers that the rules of the organization contravene sub-section (1) in any respect may make a complaint to the Bureau accordingly and, thereupon, the Bureau may investigate the matter. ''(4) Where the Bureau has reason to believe that the rules of an organization contravene sub-section (1) in any respect, the Bureau may investigate the matter. ''(5) The Bureau shall not commence an investigation under this section until it has notified the organization concerned of its intention. ''(5A) Where, after an investigation under this section, the Bureau considers that the whole or a part of a rule of the organization concerned contravenes sub-section (1) or that the rules of the organization concerned contravenes sub-section (1) in a particular respect, the Bureau shall notify the organization accordingly and shall include in the notification a request that the organization make such changes to its rules as will bring them into conformity with the requirements of sub-section (1) as regards the matter. ''(5B) Where an organization refuses or fails to comply with a request made in a notification by the Bureau under sub-section (5A), the Bureau may apply to the Court for an order under this section with respect to the matter set out in the notification. ''(5C) Where, after an investigation under this section, the Bureau considers that the rules of the organization concerned do not contravene sub-section (1) in relation to any matter the subject of the investigation, the Bureau shall forward a notification to that effect to the organization and, where the investigation was conducted under sub-section (3), to the member who made the complaint by reason of which the investigation was commenced. ''(5D) An order under this section may declare that the whole or a part of a rule of an organization contravenes sub-section (1) or that the rules of an organization contravene sub-section (1) in a specified respect. ''(5E) Subject to sub-section (5F), the Court has jurisdiction to hear and determine an application under sub-section (2) or (5B). ''(5F) An organization in respect of which an application is made under this section shall be given an opportunity of being heard by the Court. ''(5G) Where an order under this section declares that the whole or a part of a rule contravenes sub-section (1), the rule or that part of the rule, as the case may be, shall be deemed to be void from the date of the order.''. (2) Notwithstanding the amendment made by sub-section (1), an application under section 140 of the Principal Act made, but not disposed of, before the commencement of this section shall be dealt with as if that amendment had not been made. CONCILIATION AND ARBITRATION AMENDMENT ACT (NO. 3) 1977 No. 108 of 1977 - SECT 18 Direction for performance of rules 18. (1) Section 141 of the Principal Act is amended- (a) by omitting sub-section (1) and substituting the following sub-sections: ''(1) A member of an organization may apply to the Court for an order under this section in respect of the organization. ''(1A) A member of an organization who considers that a person who is under an obligation to perform or observe the rules of the organization has not performed or observed those rules may make a complaint to the Bureau accordingly and, thereupon, the Bureau may investigate the matter. ''(1B) Where the Bureau has reason to believe that an election, or a step in an election, that was required by section 133AA to be conducted by secret postal ballot in accordance with rules prescribed under sub-section (2) of that section was not so conducted, the Bureau may investigate the matter. ''(1C) The Bureau shall not commence an investigation under this section until it has notified the organization concerned of its intention. ''(1D) Where, after an investigation under this section, the Bureau considers that a person who is under an obligation to perform or observe the rules of an organization has not per- formed or observed those rules with respect to a particular matter, the Bureau shall notify the organization accordingly and request the organization to ensure that the person complies with those rules with respect to that matter. ''(1E) Where an organization refuses or fails to comply with a request made in a notification by the Bureau under sub-section (1D), the Bureau may apply to the Court for an order under this section with respect to the matter set out in the notification. ''(1F) Where, after an investigation under this section, the Bureau considers that there has not been any failure to perform or observe the rules of the organization concerned in relation to any matter the subject of the investigation, the Bureau shall forward a notification to that effect to the organization and, where the investigation was conducted under sub-section (1A), to the member who made the complaint by reason of which the investigation was commenced. ''(1G) An order under this section may give directions for the performance or observance of any of the rules of an organization by any person who is under an obligation to perform or observe those rules. ''(1H) The Court has jurisdiction to hear and determine an application under sub-section (1) or (1E) but, before making an order under this section, the Court shall give any person against whom the order is sought an opportunity of being heard.''; (b) by omitting sub-sections (5) and (6) and substituting the following sub-sections: ''(5) An order shall not be made under this section that would have the effect of treating as invalid an officially conducted ballot or a step in such a ballot. ''(6) An order shall not be made under this section that would have the effect of treating as invalid an election to an office in an organization or branch of an organization (other than an officially conducted ballot) that was completed before the institution of the proceedings under this section unless those proceedings were instituted- (a) within the period of 12 months commencing on the date of completion of the election; or (b) after the expiration of that period but before the expiration of the period of office to which the election related, and the Court shall not proceed with the hearing of proceedings in which an order of the kind referred to in this sub-section is sought, being proceedings instituted in accordance with paragraph (b), unless the Court is satisfied that the person instituting the proceedings, or, if the person instituting the proceedings is the Bureau, the person at whose request the Bureau is acting, did not have, and could not by reasonable diligence have acquired, within the period referred to in paragraph (a), knowledge of, or the means of establishing, the matters that are alleged as a reason for the making of the order.''; and (c) by omitting sub-section (8) and substituting the following sub-sections: ''(8) Where an application has been lodged under section 159 for an inquiry by the Court in relation to an election, the Court may decline to hear or further hear, or to determine, an application under this section by which the validity of the election, or of a step in the election, is called in question before the application under section 159 and any proceedings in the Court arising out of that application have been disposed of. ''(8A) Where the Court, in considering an application under this section, finds that the whole or a part of a rule of the organization concerned contravenes sub-section (1) of section 140 or that the rules of the organization concerned contravene that sub-section in a particular respect, the Court may make an order setting out that finding and section 140 applies in relation to that order as if- (a) that order had been made in proceedings relating to an application under that section; and (b) the finding set out in that order were a declaration of the Court. ''(8B) In this section, other than sub-section (8A), 'order' does not include an order under sub-section (8A).''. (2) Notwithstanding the amendments made by sub-section (1), an application under section 141 of the Principal Act made, but not disposed of, before the commencement of this section shall be dealt with as if those amendments had not been made. CONCILIATION AND ARBITRATION AMENDMENT ACT (NO. 3) 1977 No. 108 of 1977 - SECT 19 Representation of employees by an organization 19. Section 142A of the Principal Act is amended- (a) by omitting ''The Commission may, on the application of an organization, an employer or the Minister,'' and substituting ''The Commission may, on the application of an organization, an employer, the Minister or the Bureau, if it thinks it in the public interest to do so.''; (b) by adding at the end thereof the following sub-sections: ''(2) The Commission may, on the application of an organization, an employer, the Minister or the Bureau, if it thinks it in the public interest to do so, make an order- (a) declaring that it is in the public interest that an organization of employees should not have the right to represent the industrial interests under this Act of employees included in a class or group of employees specified in the order; and (b) directing the organization to alter its rules (before the expiration of a period and in a manner specified in the order) for the purpose of excluding from eligibility for membership of the organization persons belonging to that class or group of employees. ''(3) In considering whether or not to make an order under this section, the Commission shall have regard to the likely effect of the order on- (a) the cost of carrying on the industrial operation concerned; (b) the efficiency of that operation; and (c) any existing practice or arrangement relating to the performance of work by employees engaged in that operation. ''(4) The organization in respect of which an application is made under this section shall be given an opportunity of being heard by the Commission. ''(5) On and after the date of an order under sub-section (2) and before the rules are altered in accordance with the order, the effect of the order is that- (a) an employee included in the class or group of employees to which the order relates who was, immediately before the date of the order, a member of the organization ceases to be such a member; and (b) if the organization purports to enrol as a member an employee included in the class or group of employees to which the order relates-that purported enrolment has no effect. ''(6) Subject to section 35, the power of the Commission to make an order under this section is exercisable by a Presidential Member and not otherwise. ''(7) A party to proceedings under this section may apply to the Presidential Member concerned to have the matter the subject of the proceedings dealt with by a Full Bench of the Commission on the ground that the matter is of such importance that, in the public interest, it should be so dealt with. ''(8) If the Presidential Member to whom an application is made under sub-section (5) is not the President, he shall refer the application to the President. ''(9) Where an application is made to the President under sub-section (7) or is referred to the President under sub-section (8), the President, if he thinks it in the public interest to do so, shall direct that the matter the subject of the application be heard and determined by a Full Bench of the Commission. ''(10) If an organization fails to alter its rules in compliance with an order under sub-section (2), the Industrial Registrar may, after inviting the organization to consult with him on the matter, determine such alterations of the rules of the organization as will, in his opinion, give effect to the order. ''(11) The Industrial Registrar shall register the alterations so determined by him and thereupon the rules shall be deemed to be altered accordingly.''. CONCILIATION AND ARBITRATION AMENDMENT ACT (NO. 3) 1977 No. 108 of 1977 - SECT 20 Application for cancellation of registration 20. (1) Section 143 of the Principal Act is amended- (a) by inserting in sub-section (1) ''the Minister, the Bureau'' after ''interested''; (b) by omitting from paragraph (aa) of sub-section (1) ''or (iii) of paragraph (b) or (c)'' and substituting ''of paragraph (b), or sub-paragraph (ii) of paragraph (c),''; (c) by omitting paragraph (f) of sub-section (1) and substituting the following paragraph: ''(f) the organization is in contravention of a provision of Part VIIIAA;''; (d) by omitting from paragraph (g) of sub-section (1) ''or''; (e) by adding at the end of sub-section (1) the following paragraphs: ''(j) the organization, or a substantial number of the members of the organization or of a section or class of members of the organization, has engaged in industrial action that has prevented, hindered or interfered with- (i) trade or commerce with other countries or among the States; or (ii) the provision of any public service by the Commonwealth or a State or by an authority of the Commonwealth or a State; or ''(k) that the organization has engaged in, or is engaging in, conduct or activities not authorized by or in accordance with its rules.''; (f) by inserting after sub-section (2) the following sub-section: ''(2A) Where, in proceedings before the Court under sub-section (1) for an order directing the cancellation of the registration of an organization- (a) the Court finds that the ground on which the proceedings are based has been established; and (b) that finding is made, wholly or mainly, as a result of the conduct of a particular section or class of members of that organization, the Court, if it thinks it just to do so, may, in lieu of making an order under sub-section (2) in those proceedings, order that the rules of the organization be amended in such manner, as to exclude from eligibility for membership of the organization persons belonging to that section or class.''; and (g) by inserting after sub-section (3D) the following sub-sections: ''(3DA) Where, in proceedings before the Court under sub-section (1) for an order directing the cancellation of the registration of an organization, the Court finds that the ground on which the proceedings are based has been established, the Court may, if it thinks it just to do so, by order, exercise, in relation to the organization or all or any of its members, one or more of the powers set out in sub-section (3DB) and, if it does so, it shall defer the determination of the question whether to direct the cancellation of the registration of the organization until such time as any orders made in pursuance of those powers have ceased to be in force. ''(3DB) The powers that may be exercised by the Court by order under sub-section (3DA) are as follows: (a) power to suspend, to the extent specified in the order, any of the rights, privileges or capacities of the organization or of all or any of its members, as such members, under this Act or any other Act or under awards or determinations under this Act or under any other Act; (b) power to give directions as to the exercise of any rights, privileges or capacities that have been so suspended; (c) power to make provision for restricting the use of the funds or property of the organization or a branch of the organization and for the control of those funds or that property for the purpose of ensuring observance of the restrictions. ''(3DC) Where the Court has, under sub-section (3DA), deferred the determination of the question whether to direct the cancellation of the registration of an organization, the Court may, notwithstanding that sub-section, at any time, upon application by a party or the Bureau, proceed to determine that question if, having regard to any matters established to its satisfaction concerning the observance or non-observance of any order and to any other relevant circumstance, it thinks it just to do so. ''(3DD) An order made in pursuance of a power conferred by sub-section (3DB) or a direction under sub-section (3DG) has effect notwithstanding anything in the rules of the organization or of a branch of the organization. ''(3DE) An order made in pursuance of a power conferred by sub-section (3DB) shall, unless sooner revoked, cease to be in force at the expiration of 6 months from the day on which it came into force but may, at any time while it remains in force, be extended in duration by a further order made by the Court on the application of a party to the proceedings in which the original order was made or by the Bureau. ''(3DF) An order made in pursuance of a power conferred by sub-section (3DB) may be revoked at any time by a further order of the Court made on an application to the Court by a party to the proceedings in which the original order was made or by the Bureau. ''(3DG) In any proceedings referred to in sub-section (3DA), the Court may, on application being made to the Court by the Bureau (which, if the Bureau is not a party to the proceedings, shall be given an opportunity of being heard by the Court for the purpose of making the application) and upon the Court being satisfied that it is just to do so, adjourn the proceedings and direct the Industrial Registrar to make arrangements for the submission of a matter that the Court is satisfied is relevant to the exercise of its powers in the proceedings to a vote of all or any of the members of the organization taken by secret ballot and authorize the Industrial Registrar to give such directions as the Industrial Registrar thinks necessary for ensuring the secrecy of votes and otherwise for the purposes of the conduct of the ballot or the communication of the result of the ballot to the Court. ''(3DH) Section 46 (other than sub-section (1) ) applies in relation to a ballot conducted in accordance with a direction by the Court under sub-section (3DG) as if the ballot were a ballot ordered under section 45. ''(3DJ) The Court shall take judicial notice of the result of a ballot conducted under sub-section (3DG). ''(3DK) A person shall not fail to comply with, or obstruct or hinder the carrying out of- (a) a provision of an order by the Court made in the exercise of a power conferred by sub-section (3DB); or (b) a direction by the Industrial Registrar under sub-section (3DG). Penalty: $400 or imprisonment for 6 months or both or, in the case of an offence referred to in sub-section (3DL), $400 for each day during which the offence is to be deemed to continue or imprisonment for 6 months or both. ''(3DL) Where an offence against sub-section (3DK) is committed by a person by reason of his failure to comply, within the period specified in an order or direction, with the requirements specified in the order or direction, the offence shall, for the purposes of sub-section (3DK), be deemed to continue so long as any requirement specified in the order or direction remains undone, notwithstanding that the period has elapsed. ''(3DM) Proceedings for an offence against sub-section (3DK) shall be brought in the Court.''. (2) Notwithstanding the amendments made by sub-section (1), an application under section 143 of the Principal Act made, but not disposed of, before the commencement of this section shall be dealt with as if those amendments had not been made. CONCILIATION AND ARBITRATION AMENDMENT ACT (NO. 3) 1977 No. 108 of 1977 - SECT 21 Entitlement to membership of organizations 21. Section 144 of the Principal Act is amended by omitting from sub-section (5) ''or the organization'' and substituting '', the organization or the Bureau''. CONCILIATION AND ARBITRATION AMENDMENT ACT (NO. 3) 1977 No. 108 of 1977 - SECT 22 22. After section 144 of the Principal Act the following section is inserted: Conscientious beliefs with respect to organizations ''144A. (1) Where a person, upon application made to the Registrar in the prescribed form and manner, and payment of the prescribed fee, satisfies the Registrar that the person's conscientious beliefs do not allow the person to be a member of any association of a kind described in a paragraph of sub-section (1) of section 132, the Registrar shall issue to the person a certificate to that effect. ''(2) In sub-section (1)- 'conscientious beliefs' means any conscientious beliefs, whether the grounds for the beliefs are or are not of a religious character and whether the beliefs are or are not part of the doctrine of any religion; 'prescribed fee', in relation to an applicant under sub-section (1), means a fee equal to the annual subscription payable by the members of the organization that, in the opinion of the Registrar, is the organization that would, but for the person's conscientious beliefs, have been the appropriate organization for the person to join having regard to his past employment (if any) and his future prospects of employment. ''(3) Notwithstanding section 88F, no appeal lies to the Commission against- (a) a decision of the Registrar to issue a certificate under sub- section (1); or (b) a determination by the Registrar of the prescribed fee in relation to an applicant under sub-section (1). ''(4) A certificate under sub-section (1) remains in force for such period, not exceeding 12 months, as is specified in the certificate but may be renewed from time to time by the Registrar for such period, not exceeding 12 months, as the Registrar thinks fit. ''(5) An employer- (a) shall not dismiss an employee, or injure him in his employment, or alter his position to his prejudice, by reason of the circumstance that the employee, being a person in respect of whom there is in force a certificate under sub-section (1), is not a member of an organization; (b) shall not threaten to dismiss an employee, being a person in respect of whom there is in force a certificate under sub-section (1), or to injure such an employee in his employment or to alter the position of such an employee to his prejudice, with intent to coerce the employee to join an organization; or (c) shall not refuse to employ a person in employment by reason of the circumstance that the person, being a person in respect of whom there is in force a certificate under sub-section (1), is not a member of an organization. ''(6) An organization- (a) shall not advise, encourage or incite an employer to take action in relation to a person that would, if taken, be a contravention of sub-section (5); (b) shall not take, or threaten to take, industrial action against an employer with the intent to coerce the employer to take action in relation to a person that would, if taken, be a contravention of sub-section (5); or (c) shall not take, or threaten to take, any action having the effect, directly or indirectly, of prejudicing a person in his employment, being a person in respect of whom there is in force a certificate under sub-section (1), with the intent to coerce the person to join the organization. ''(7) A contravention of sub-section (5) or (6) is an offence against that sub-section, punishable, upon conviction by- (a) where the action constituting the offence has continued for more than a day-a penalty not exceeding a fine of $400 for each day during which that action has continued; or (b) in any other case-a penalty not exceeding a fine of $400. ''(8) In any proceedings for an offence against sub-section (5) or (6), if all the relevant facts and circumstances, other than the reason or intent of an action alleged in the charge, are proved, it lies upon the person charged to prove that that action was not actuated by that reason or taken with that intent. ''(9) For the purposes of this section, an action taken by- (a) the committee of management of an organization; (b) the committee of management of a branch of an organization; (c) an officer, employee or agent of an organization; (d) a group of members of an organization; or (e) a member of an organization who performs the function of dealing with an employer on behalf of himself and other members of the organization, shall be deemed to have been taken by the organization.''. CONCILIATION AND ARBITRATION AMENDMENT ACT (NO. 3) 1977 No. 108 of 1977 - SECT 23 Records to be kept and filed by organizations 23. Section 152 of the Principal Act is amended- (a) by omitting paragraphs (c) and (d) of sub-section (1) and substituting the following word and paragraph: ''and (c) such other records as are prescribed.''; (b) by omitting from sub-section (4) '', (c) and (d)'' and substituting ''and (c)''; and (c) by omitting from sub-section (9D) ''Registrar'' (wherever occurring) and substituting ''Director or Registrar''. CONCILIATION AND ARBITRATION AMENDMENT ACT (NO. 3) 1977 No. 108 of 1977 - SECT 24 Appointment of auditors of organizations 24. Section 154 of the Principal Act is repealed. CONCILIATION AND ARBITRATION AMENDMENT ACT (NO. 3) 1977 No. 108 of 1977 - SECT 25 25. After Part VIII of the Principal Act the following Part is inserted: ''PART VIIIAA-ACCOUNTS AND AUDIT IN RESPECT OF REGISTERED ORGANIZATIONS Interpretation ''158AA. In this Part, unless the contrary intention appears- 'accounting records', in relation to an organization, includes books of account and such working papers and other documents as are necessary to explain the methods and calculations by which the accounts of the organization are made up; 'auditor' means a person appointed under section 158AE to be the auditor of an organization; 'financial year', in relation to an organization, means- (a) the period of 12 months commencing on 1 July in any year and ending on 30 June in the following year; or (b) such other period of 12 months as is provided by the rules of the organization; 'organization' includes a branch of an organization. Application ''158AB. This Part, in its application in relation to an organization, applies with respect to the first financial year in relation to the organization that commences after the date of commencement of this Part, and to all subsequent financial years in relation to the organization. Organization to keep proper accounting records ''158AC. (1) An organization shall- (a) keep such accounting records as correctly record and explain the transactions and financial position of the organization, including such records as are prescribed; (b) keep its accounting records in such a manner as will enable accounts and statements to be prepared from them in accordance with section 158AD;and (c) keep its accounting records in such a manner as will enable the accounts of the organization to be conveniently and properly audited in accordance with this Part. ''(2) An organization shall retain the accounting records kept under sub-section (1) for a period of 7 years after the completion of the transactions to which they relate. Penalty: $1,000. Organization to prepare accounts, &c. ''158AD. As soon as practicable after the end of each financial year, an organization shall cause to be prepared from the accounting records kept by the organization in respect of that financial year in accordance with sub-section (1) of section 158AC such accounts and other statements as are prescribed. Penalty: $1,000. Appointment of auditors of organization ''158AE. (1) As soon as practicable after the end of each financial year, an organization shall appoint a competent person as its auditor for that financial year. Penalty: $1,000. ''(2) An auditor shall use his best endeavours to comply with the requirements of this Part that are applicable to him in his capacity as auditor. Penalty: $500. ''(3) The regulations may provide that a person is not a competent person for the purposes of sub-section (1) in relation to all or any organizations unless he is included in a prescribed class of persons. Powers and duties of auditors ''158AF. (1) In this section, 'organization', in relation to an auditor appointed by a branch of an organization, means that branch of the organization. ''(2) An auditor appointed by an organization in accordance with section 158AE shall inspect and audit the accounting records kept by the organization in respect of the financial year in respect of which he is appointed and shall, within the prescribed period after the end of that year, make a report in respect of that year to the organization. ''(3) An auditor or a person authorized by an auditor for the purposes of this sub-section is entitled at all reasonable times to full and free access to all accounts, records, documents and papers of the organization relating directly or indirectly to the receipt or payment of moneys, or to the acquisition, receipt, custody or disposal of assets, by the organization and is entitled to seek from any officer of the organization such information and explanations as he desires for the purposes of the audit. ''(4) Where an auditor authorizes a person for the purposes of sub-section (3), the auditor shall serve, by post, on the organization a notification accordingly setting out the name and address of the person. ''(5) An auditor shall, in a report under this section, in respect of a financial year, state- (a) whether in his opinion- (i) satisfactory accounting records were kept by the organization in respect of that financial year; (ii) the accounts and statements prepared in accordance with section 158AD from the accounting records of the organization kept in respect of that financial year were properly drawn up so as to give a true and fair view of- (A) the financial affairs of the organization as at the end of that financial year; and (B) the income and expenditure, and any surplus or deficit of funds, of the organization for that financial year; (iii) a satisfactory system of recording the collection, during that financial year, of income from members and other income has been maintained; and (iv) the sources and nature of all income received, and the nature and purposes of all expenditure made, by the organization during that financial year have been correctly recorded; and (b) whether all the information and explanations that, under subsection (3), he required officers of the organization to furnish were furnished, and, in addition, he shall state in that report particulars of any deficiency, failure or shortcoming in respect of any matter referred to in paragraph (a) or (b). ''(6) An auditor shall not, in a report made in accordance with sub-section (5), make a statement that, to his knowledge, is false or misleading in a material particular. Penalty: $500. ''(7) If- (a) an auditor, in the course of the performance of his duties as auditor of an organization, becomes aware that there has been a breach or non-observance of any of the provisions of this Act or the regulations; and (b) the auditor is of the opinion that the matter cannot be adequately dealt with by comment in his report, he shall forthwith report the matter, in writing, to the Registrar. Penalty for a contravention of this sub-section: $500. Copies of report and audited accounts to be supplied to members and presented to meetings ''158AG. (1) An organization shall, within 28 days (or such longer period as the Registrar allows) after the making to the organization of the report of the auditor with respect to his inspection and audit of the accounting records kept by the organization in respect of a financial year, supply free of charge to the members of the organization a copy of that report, together with copies of the accounts and statements prepared in accordance with section 158AD to which that report relates. ''(2) An organization that fails to comply with sub-section (1) is guilty of an offence against that sub-section punishable, upon conviction, by a fine not exceeding $500 plus $50 for each completed week of the period commencing on the expiration of the period within which the documents to which the offence relates were required to be supplied and ending on- (a) if the organization supplied the documents to which the offence relates after the expiration of the period provided for supplying those documents and before the day on which the organization is convicted-the day on which the documents were so supplied; or (b) in any other case-the day on which the organization is convicted. ''(3) Where an organization publishes a journal of the organization that is available to the members of the organization free of charge, the organization may comply with sub-section (1) by publishing in that journal the report, accounts and statements referred to in that sub-section. ''(4) An organization shall, not less than 14 days, and not more than 28 days, after the expiration of the period referred to in sub-section (1) in relation to the organization, cause the report, accounts and statements referred to in that sub-section to be presented to a general meeting of the members of the organization or, if no such general meeting is due to be held within the time provided for that presentation, at a meeting of the committee of management of the organization convened for the purpose of presenting that report and those accounts and statements. ''(5) An organization that fails to comply with sub-section (4) is guilty of an offence against that sub-section punishable, upon conviction, by a fine not exceeding $500 plus $50 for each completed week of the period commencing on the expiration of the period within which the documents to which the offence relates were required to be presented and ending on- (a) if the organization presented the documents to which the offence relates after the expiration of the period provided for presenting those documents and before the day on which the organization is convicted-the day on which the documents were so presented; or (b) in any other case-the day on which the organization is convicted. ''(6) Where a member of the committee of management of an organization- (a) supplies to the members of the organization; (b) publishes in a journal of the organization; or (c) presents to a general meeting of the members of the organization or to a meeting of the committee of management of the organization, comments on any matter dealt with in the report, accounts or statements referred to in sub-section (1), he shall not, in those comments, make a statement that, to his knowledge, is false or misleading in a material particular. Penalty: $500. ''(7) Sub-section (6) applies in relation to a member of the committee of management of an organization whether the comments concerned were made by him acting alone or were made by him and another person or other persons acting jointly. Copies of reports, &c., to be filed with Registrar ''158AH. (1) An organization shall, within 14 days (or such longer period as the Registrar allows) after the date of the meeting referred to in sub-section (4) of section 158AG, file with the Registrar copies of the report, accounts and statements presented to that meeting in accordance with that sub-section together with a certificate by the secretary, or other prescribed officer, of the organization that the documents so filed are copies of the documents that were so presented to that meeting. ''(2) An organization that fails to comply with sub-section (1) is guilty of an offence against that sub-section punishable, upon conviction, by a fine not exceeding $500 plus $50 for each completed week of the period commencing on the expiration of the period within which the documents to which the offence relates were required to be filed and ending on- (a) if the organization filed the documents to which the offence relates after the expiration of the period provided for filing and before the day on which the organization is convicted-the day on which the documents were so filed; or (b) in any other case-the day on which the organization is convicted. ''(3) Where- (a) the documents filed with the Registrar under sub-section (1) include a report of an auditor setting out particulars of any deficiency, failure or shortcoming in respect of any matter referred to in paragraph (a) or (b) of sub-section (5) of section 158AF; or (b) for any other reason, the Registrar considers that any matter revealed in the documents should be investigated by the Bureau, the Registrar shall request the Bureau to investigate the finances and the financial administration of the organization concerned. ''(4) Where the documents have been filed with the Registrar under sub-section (1), members of the organization concerned (not being less in number than 250 or than a number equal to 5 per centum of the members of that organization, whichever is the lesser number) may request the Bureau to investigate the finances and the financial administration of the organization. ''(5) On receipt of a request under sub-section (3) or (4), the Bureau shall investigate the finances and the financial administration of the organization concerned. ''(6) For the purpose of making an investigation under sub-section (5), the Director may, by notice in writing, require an officer or employee of the organization concerned- (a) to furnish the Director with such information relevant to that investigation as the Director may require in the notice; or (b) to attend before the Director, or before a member of the staff of the Bureau specified in the notice, so that the Director or member may put to the person a question concerning any matter relevant to that investigation and to produce to the Director or the member all books, documents and papers in his custody or under his control relating to that matter. ''(7) A person shall not- (a) refuse or fail, without reasonable excuse- (i) to attend before the Director, or a member of the staff of the Bureau, in accordance with a requirement under sub-section (6); or (ii) to produce any book, document or paper that he is required to produce under sub-section (6); (b) in purported compliance with a requirement under sub-section (6), furnish the Director with information that, to the knowledge of the person, is false or misleading in any particular; or (c) when attending before the Director, or a member of the staff of the Bureau, in accordance with a requirement under sub-section (6), make to the Director or the member a statement, whether oral or in writing that, to the knowledge of the person so attending, is false or misleading in any particular, but a person is not guilty of an offence against this sub-section by reason only of refusing or failing to answer a question. Penalty: $500. ''(8) Where, at the conclusion of an investigation under sub-section (5), the Bureau is satisfied that an organization has contravened- (a) sub-section (1) of this section or any other provision of this Act or a provision of the regulations; or (b) any rule of the organization relating to the finances or financial administration of the organization, the Bureau shall notify the organization accordingly and shall include in the notification a request that the organization take such action, within a period specified in the notification, to rectify the matter as is set out in the notification. ''(9) Where the Bureau has given a notification to an organization under sub-section (8), the Bureau shall not take proceedings under this Act or the regulations against the organization in relation to any matter the subject of the notification unless the organization has refused or failed to comply with the request made in the notification. Organization to forward notices, &c., to auditor ''158AJ. An organization shall forward to an auditor any notice of, and any other communication relating to, a meeting of an organization, or of the committee of management of an organization, at which the report of the auditor or any accounts or statements to which that report relates, are to be presented, being a notice or other communication that a member of the organization or of the committee of management of the organization would be entitled to receive. Penalty: $1,000. Auditor entitled to attend meetings at which report presented ''158AK. (1) An auditor or a person authorized by him for the purposes of this section is entitled to attend any meeting of an organization, or of the committee of management of an organization, at which the report of the auditor, or any accounts or statements to which that report relates, are to be presented. ''(2) Where an auditor or other person attends a meeting of an organization, or of the committee of management of an organization, in pursuance of the right to attend conferred by sub-section (1), he is entitled to be heard at that meeting on any part of the business of the meeting that concerns him in his capacity as auditor or as a person authorized by the auditor. ''(3) Where an auditor authorizes a person for the purposes of this section, the auditor shall serve, by post, on the organization a notification accordingly setting out the name and address of the person. Offences in relation to obstruction, &c., of auditors ''158AL. (1) An officer, an employee or a member, of an organization shall not- (a) hinder, obstruct or prevent an auditor from taking any action in the exercise of his right to full and free access to any accounts, records, documents or papers conferred on him by sub-section (3) of section 158AF; or (b) refuse or fail, without reasonable excuse, to produce to an auditor any book, document or paper in the custody, or under the control, of the officer or member that is sought from him by the auditor in pursuance of the right conferred on the auditor by sub-section (3) of section 158AF, but a person is not guilty of an offence against this sub-section by reason only of refusing or failing to answer a question. Penalty: $250. ''(2) In sub-section (1), 'auditor' includes a person authorized by an auditor for the purposes of sub-section (3) of section 158AF. ''(3) An officer, an employee or a member, of an organization shall not hinder, obstruct or prevent an auditor, or a person authorized by an auditor for the purposes of section 158AK, from attending a meeting that the auditor or the person so authorized is entitled to attend in accordance with that section. Penalty: $250. ''(4) Where an auditor, or a person authorized by an auditor for the purposes of section 158AK- (a) attends a meeting that he is entitled to attend in accordance with that section; and (b) in the course of that meeting, indicates to the chairman of that meeting that he wishes to be heard in pursuance of the right conferred on him by that section, the chairman shall, as soon as practicable after having received that indication, afford to the person an opportunity to be so heard. Penalty: $250. ''(5) It is a defence to a charge for an offence against a sub-section of this section if the person charged proves that he did not know, and could not reasonably have known, that the auditor, or the person authorized by an auditor, to whom the charge relates was a person to whom the sub-section applied. Auditors and other persons to enjoy qualified privilege in certain circumstances ''158AM. (1) An auditor is not, in the absence of malice on his part, liable to an action for defamation at the suit of a person in respect of a statement that he makes in the course of his duties as auditor, whether the statement is made orally or in writing. ''(2) A person is not, in the absence of malice on his part, liable to an action for defamation at the suit of a person in respect of the publishing of a document prepared by an auditor in the course of his duties as auditor and required by or under this Act to be filed with the Registrar. ''(3) This section does not limit or affect any right, privilege or immunity that a defendant has in an action for defamation.''. CONCILIATION AND ARBITRATION AMENDMENT ACT (NO. 3) 1977 No. 108 of 1977 - SECT 26 Action by Registrar 26. Section 160 of the Principal Act is amended- (a) by omitting sub-section (3) and substituting the following sub-sections: ''(3) Before making a decision to grant or refuse an application under sub-section (1), the Industrial Registrar may refer the application to the Bureau for inquiry and report to the Industrial Registrar. ''(3A) For the purposes of conducting an inquiry under sub-section (3), the Director may- (a) inspect any ballot papers, envelopes, lists or other documents that have been used in connexion with, or are relevant to, the election; (b) for the purposes of any such inspection, enter, with such assistance as he considers necessary, any premises used or occupied by the organization or a branch of the organization in which he believes any such ballot papers, envelopes, lists or documents to be; (c) require a person to deliver to him, in accordance with the requirement, any such ballot papers, envelopes, lists or other documents in the possession or under the control of that person; (d) take possession of any such ballot papers, envelopes, lists or other documents; and (e) retain any ballot papers, envelopes, lists or other documents delivered to him, or of which he has taken possession, for such period as is necessary for the purposes of the application and, if proceedings under this Part have arisen out of the application, until the completion of the proceedings or until such earlier time as the Court orders.''; (b) by omitting from sub-section (4) ''Industrial Registrar'' and substituting ''Director''; and (c) by omitting from paragraph (b) of sub-section (5) ''Industrial Registrar'' and substituting ''Director''. CONCILIATION AND ARBITRATION AMENDMENT ACT (NO. 3) 1977 No. 108 of 1977 - SECT 27 Industrial Registrar to make arrangements for conduct of elections, &c. 27. Section 165A of the Principal Act is amended by inserting ''or a member of the staff of the Australian Electoral Office'' after ''Officer'' (second occurring). CONCILIATION AND ARBITRATION AMENDMENT ACT (NO. 3) 1977 No. 108 of 1977 - SECT 28 Court may make orders in respect of consequences of invalidity 28. Section 171C of the Principal Act is amended by inserting after sub-section (1) the following sub-section: ''(1A) Where the Bureau has reason to believe that an election, or a step in an election, that was required by section 133AA to be conducted by a secret postal ballot in accordance with rules prescribed under sub-section (2) of that section was not so conducted, the Bureau may apply to the Court under sub-section (1) for a determination of the question whether an invalidity has occurred in, or in connexion with, that election.''. CONCILIATION AND ARBITRATION AMENDMENT ACT (NO. 3) 1977 No. 108 of 1977 - SECT 29 29. Section 188 of the Principal Act is repealed and the following section substituted: Offences by organizations in relation to industrial action ''188. (1) An organization- (a) shall not advise, encourage or incite an employer to take action in relation to a person that would, if taken, be a contravention of paragraph (aa) of sub-section (1), or paragraph (aa) of sub- section (1A), of section 5; (b) shall not take, or threaten to take, industrial action against an employer with the intent to coerce the employer to take action in relation to a person that would, if taken, be a contravention of paragraph (aa) of sub-section (1), or paragraph (aa) of sub- section (1A), of section 5; (c) shall not take, or threaten to take, any action having the effect, directly or indirectly, of prejudicing a person in his employment with the intent to coerce the person to join in industrial action; (d) shall not impose, or threaten to impose, a penalty, forfeiture or disability of any kind upon a member of the organization with the intent to coerce the member to join in industrial action; or (e) shall not impose or threaten to impose, a penalty, forfeiture or disability of any kind upon a member of the organization by reason of the circumstance that the member has refused or failed to join in industrial action. ''(2) A contravention of sub-section (1) is an offence against that sub-section punishable, upon conviction, by- (a) where the action constituting the offence has continued for more than a day-a penalty not exceeding a fine of $400 for each day during which that action has continued; or (b) in any other case-a penalty not exceeding a fine of $400. ''(3) In any proceedings for an offence against sub-section (1), if all the relevant facts and circumstances, other than the reason or intent of an action alleged in the charge, are proved, it lies upon the person charged to prove that that action was not actuated by that reason or taken with that intent. ''(4) For the purposes of this section, an action taken by- (a) the committee of management of an organization; (b) the committee of management of a branch of an organization; (c) an officer, employee or agent of an organization; (d) a group of members of an organization; or (e) a member of an organization who performs the function of dealing with an employer on behalf of himself and other members of the organization, shall be deemed to have been taken by the organization.''. CONCILIATION AND ARBITRATION AMENDMENT ACT (NO. 3) 1977 No. 108 of 1977 - SECT 30 Amendment of Conciliation and Arbitration Act 1975 30. (1) Section 7 of the Conciliation and Arbitration Act 1975 is amended by omitting ''in Part IV'' and substituting ''in Part IIIA''. (2) The amendment made by sub-section (1) shall be deemed to have come into operation on 19 June 1975. CONCILIATION AND ARBITRATION AMENDMENT ACT (NO. 3) 1977 No. 108 of 1977 - SECT 31 Application 31. Notwithstanding the amendments made by paragraphs 23 (a) and (b), and section 24, of this Act, sections 152 and 154 of the Principal Act continue to apply in relation to an organization, or a branch of an organization, with respect to any period that ends before the commencement of the period that is the first financial year, in relation to that organization or branch, with respect to which Part VIIIAA of the Conciliation and Arbitration Act 1904 applies. ------------------------------------------------------------------------------ -- CONCILIATION AND ARBITRATION AMENDMENT ACT (NO. 3) 1977 No. 108 of 1977 - NOTES NOTES 1. Act No. 108, 1977; assented to 21 October 1977. 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; No. 10, 1947 (as amended by No. 39, 1947); No. 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; Nos. 3, 64, 91, 117 and 160, 1976; and No. 64, 1977.