Commonwealth Numbered Acts

INDUSTRIAL RELATIONS LEGISLATION AMENDMENT (No. 2) ACT 1991 No. 62 of 1991 - SCHEDULE

                          SCHEDULE                            Section 3

AMENDMENTS OF ACTS
PART 1
Defence Act 1903 Section 58F (definition of "presidential member of the
Commission"):
Before "a Deputy" insert "the Vice President, a Senior Deputy President or".
Section 58F:
Insert: "'single member' means a member of the Tribunal specified in a
direction made under subsection 58KA (1);". After subsection 58K (9):
Insert:

"(10) Where the Tribunal thinks that a person or body should be heard in
relation to a matter that is being, or is to be, considered by the Tribunal,
the Tribunal may permit the person or body to be present, and to make
submissions to the Tribunal, during proceedings before the Tribunal in
relation to that matter.". After section 58K:
Insert: Single member may conduct Tribunal's business

"58KA. (1) Subject to subsection (2), the Chairman may:

   (a)  if a person referred to in subsection 58K (9) requests the Chairman to
        do so and the Chairman considers it appropriate; or

   (b)  in any case, on the Chairman's initiative; direct, in writing, that a
        member of the Tribunal specified in the direction is to conduct the
        Tribunal's business in relation to any matter that is specified in the
        direction, being a matter that is being, or is to be, dealt with by
        the Tribunal.

"(2) The Chairman must not, in a direction made under subsection (1), direct
that a single member is to deal with a request made under subsection 58KC (1).

"(3) The Chairman may, at any time, in writing, terminate a direction made
under subsection (1).

"(4) Where a single member is conducting the Tribunal's business in relation
to a matter:

   (a)  the single member may exercise any powers or perform any functions of
        the Tribunal in relation to that matter; and

   (b)  any act of the single member in relation to that matter is taken to be
        an act of the Tribunal.

"(5) In this section, a reference to a matter that is being, or is to be,
dealt with by the Tribunal includes a reference to any part of such a matter.
Procedure where single member is conducting Tribunal's business

"58KB. (1) Where a single member is conducting the Tribunal's business:

   (a)  section 58K does not apply to the single member's conduct of such
        business; and

   (b)  the following provisions apply.

"(2) The single member may conduct such proceedings relating to the matter to
which the direction relates as he or she considers necessary.

"(3) In the conduct of the Tribunal's business:

   (a)  the single member is not bound to act in a formal manner; and

   (b)  the single member may inform himself or herself on any matter in such
        manner as he or she thinks fit and is not bound by the rules of
        evidence.

"(4) The single member must, in making a determination, have regard to any
decision of, or principles established by, the Commission that is or are, in
the opinion of the single member, relevant to the making of that
determination.

"(5) The Defence Force Advocate and a person representing the Commonwealth are
entitled to be present, and to make submissions to the single member, during
any proceedings conducted by the single member.

"(6) Where the single member thinks that a person or body should be heard in
relation to a matter that is being, or is to be, considered by him or her, the
single member may permit the person or body to be present, and to make
submissions to the single member, during proceedings conducted by the single
member in relation to that matter. Review of action etc. of single member

"58KC. (1) Where:

   (a)  a single member is conducting the Tribunal's business in relation to a
        matter; and

   (b)  in dealing with the matter, the single member exercises a power or
        performs a function of the Tribunal; the Minister, the Secretary or
        the Chief of the Defence Force may, by notice in writing given to the
        Chairman within 28 days after the single member has completed his or
        her conduct of that business, request the Tribunal to reconsider the
        exercise of the power or performance of the function.

"(2) The notice must specify the exercise of the power or the performance of
the function requested to be reconsidered and the grounds for seeking the
reconsideration.

"(3) As soon as practicable after the request is made, the Tribunal must:

   (a)  reconsider the exercise of the power or performance of the function
        specified in the request; and

   (b)  make a determination affirming, varying or replacing anything done by
        the single member in exercising that power or performing that
        function. Determinations giving effect to agreement between the
        parties

"58KD. The Tribunal may, in making a determination, give effect to any
agreement reached between the Minister, acting on behalf of the Commonwealth,
and the Chief of the Defence Force, acting on behalf of the members of the
Australian Defence Force, in relation to a matter to which the determination
relates.".
PART 2
Industrial Chemicals (Notification and Assessment) Act 1989 Subsection 7 (2)
(paragraph (f) of the definition of "agricultural chemical"):
Omit "the regulations not to be an agricultural chemical product for the
purposes of the Agricultural and Veterinary  Chemicals Act 1988 ", substitute
"regulations made under the Agricultural and Veterinary Chemicals Act 1988 not
to be an agricultural chemical product for the purposes of that Act.".
Subsection 7 (2) (definition of "veterinary chemical product"):
Omit "the regulations not to be a veterinary chemical product for the purposes
of the Agricultural and Veterinary Chemicals  Act 1988 ", substitute
"regulations made under the Agricultural  and Veterinary Chemicals Act 1988
not to be a veterinary chemical product for the purposes of that Act.".
Subparagraph 111 (c) (ii):

   (a)  Omit "or in paragraph (c) of the definition of 'veterinary chemical
        product' in subsection 7 (2)".

   (b)  Omit "and", substitute "or". After subparagraph 111 (c) (ii):
Insert:
  "(iii)   a substance or mixture of substances of a kind that
is declared by regulations made under the Agricultural and  Veterinary
Chemicals Act 1988 not to be a veterinary chemical product for the purposes of
that Act; and".
PART 3
Industrial Relations Act 1988 Subsection 4 (1) (definition of "Presidential
Member"):
After "the President" insert ", the Vice President, a Senior Deputy
President". Subsection 4 (1):
Insert: "'Senior Deputy President' means a Senior Deputy President of the
Commission; 'Vice President' means the Vice President of the Commission;".
After paragraph 8 (2) (a):
Insert:
  "(ab)   a Vice President;

  "(ac)   such number of Senior Deputy Presidents as, from time
to time, hold office under this Act;". Subsection 9 (1):
Insert ", Vice President, Senior Deputy Presidents" after "President".
Subsection 10 (2):

   (a)  After "a person as" insert "the Vice President, a Senior Deputy
        President or".

   (b)  Omit "a Deputy President" (second occurring), substitute "the Vice
        President, a Senior Deputy President or a Deputy President".

   (c)  Omit "a Deputy President" (last occurring), substitute "the Vice
        President, a Senior Deputy President or a Deputy President (as the
        case may be)". After paragraph 11 (a):
Insert:

"(ab) the Vice President;

   (ac) the Senior Deputy Presidents, according to the days on which their
        commissions took effect, or, where the commissions of 2 or more of
        them took effect on the same day, according to the precedence assigned
        to them by their commissions;". Subsection 17 (1):
Omit the subsection, substitute:

"17. (1) During any period when:

   (a)  the President is absent from duty or from Australia, or is for any
        other reason unable to perform the duties of the office of President;
        or

   (b)  there is a vacancy in the office of President (whether or not an
        appointment has previously been made to the office); the
        Governor-General may appoint the Vice President, if available, to act
        in that office.

"(1A) If, during a period referred to in subsection (1), there is a vacancy in
the office of Vice President or the Vice President is unavailable to act in
the office of President, the Governor-General may appoint any Presidential
Member qualified to be appointed as President to act in the office of
President.". Subsection 17 (2):
After "subsection (1)" insert "or subsection (1A)". Subsection 17 (3):
Omit the subsection, substitute:

"(3) In this section: 'Presidential Member' does not include a person acting
in a Presidential Member's office; 'Vice President' does not include a person
acting as Vice President.". After section 17:
Insert: Acting Vice President

"17A. (1) The Governor-General may appoint a person who is qualified to be
appointed as the Vice President to act in the office of Vice President:

   (a)  during a vacancy in the office (whether or not an appointment has
        previously been made to the office); or

   (b)  during any period, or during all periods, when the Vice President is
        absent from duty or from Australia or is, for any other reason, unable
        to perform the duties of the office.

"(2) Anything done by or in relation to a person purporting to act under
subsection (1) is not invalid merely because:

   (a)  the occasion for the appointment had not arisen; or

   (b)  there was a defect or irregularity in connection with the appointment;
        or

   (c)  the appointment had ceased to have effect; or

   (d)  the occasion for the person to act had not arisen or had ceased.
        Acting Senior Deputy President

"17B. (1) The Governor-General may appoint a person qualified to be appointed
as a Senior Deputy President to act as Senior Deputy President for a specified
period (including a period that exceeds 12 months) if the Governor-General is
satisfied that the appointment is necessary to enable the Commission to
perform its functions effectively.

"(2) Anything done by or in relation to a person purporting to act under
subsection (1) is not invalid merely because:

   (a)  the occasion for the appointment had not arisen; or

   (b)  there was a defect or irregularity in connection with the appointment;
        or

   (c)  the appointment had ceased to have effect; or

   (d)  the occasion for the person to act had not arisen or had ceased.

"(3) For the purpose of subsection (1) only, a person is not disqualified from
appointment as a Senior Deputy President merely because the person has reached
65.". Paragraph 18 (2) (b):
Omit "or". Paragraph 18 (2) (c):
Add at the end:

"; or (d) the occasion for the person to act had not arisen or had ceased.".
After section 19:
Insert: Discharge of Commission's business

"19A. The President is to be assisted by the Vice President in ensuring the
orderly and quick discharge of the business of the Commission.". Subsection 21
(1):
After "The President," insert "the Vice President, each Senior Deputy
President". Subsection 21 (2A):
Omit "Each Deputy President is", substitute "The Vice President, each Senior
Deputy President and each Deputy President are". Paragraph 35 (a):
Add at the end "and". Paragraphs 35 (b), (c) and (d):
Omit the paragraphs, substitute:
  "(b)   where the President is not a member and the Vice
President is a member - the opinion of the Vice President; and

   (c)  where neither the President nor the Vice President is a member and
        only one Senior Deputy President is a member - the opinion of the
        Senior Deputy President; and

   (d)  where neither the President nor the Vice President is a member and 2
        or more Senior Deputy Presidents are members - the opinion of the
        Senior Deputy President who has seniority under section 11; and

   (e)  where the President, the Vice President and any Senior Deputy
        President are not members, and only one Deputy President is a member -
        the opinion of the Deputy President; and

   (f)  where the President, Vice President and any Senior Deputy President
        are not members and 2 or more Deputy Presidents are members - the
        opinion of the Deputy President who has seniority under section 11;
        and

   (g)  in any other case - the opinion of the Commissioner who is a member
        and who has seniority under section 11.". Section 40:
Repeal the section, substitute: Delegation by President

"40. (1) The President may, by signed instrument, delegate to the Vice
President all or any of the President's powers under this Act.

"(2) If the President delegates a power to the Vice President under subsection
(1), he or she may, in addition, delegate that power to a Senior Deputy
President to be exercised when the Vice President is unable, for any reason,
to exercise that power personally.". Subsection 176 (1):
Omit "a Deputy President", substitute "another Presidential Member". Paragraph
202 (2) (a):
Add at the end "and". Paragraph 202 (2) (b):
Omit the paragraph, substitute:
  "(b)   as soon as possible after a designated Presidential Member is
satisfied of the matters mentioned in paragraphs (2A) (a) and (b), the
Industrial Registrar must enter particulars of the agreement in the register
kept under paragraph 63 (1) (a); and". After subsection 202 (2):
Insert:

"(2A) An agreement entered into by an organisation under its rules made under
subsection (1) comes into force only if a designated Presidential Member is
satisfied that the agreement:

   (a)  is not contrary to any objects of this Act; and

   (b)  is entered into only for the purpose of overcoming any legal
        difficulty that may arise in connection with the participation or
        possible participation of ineligible State members in the
        administration of the organisation or in the conduct of its affairs.".
PART 4
Industrial Relations (Consequential Provisions) Act 1988 Subsection 4 (2)
(definition of "new Presidential Member"):
After "the President" insert ", the Vice President, a Senior Deputy
President". Subsection 80 (1):

   (a)  After "person appointed as" insert "the Vice President, a Senior
        Deputy President or".

   (b)  Omit "a Deputy President" (last occurring), substitute "the Vice
        President, a Senior Deputy President or a Deputy President (as the
        case may be)".
PART 5
Trade Union Training Authority Act 1975 Section 3 (definitions of "Australian
Council", "council", "Director", "Executive Committee", "National Director"
and "Regional Council"):
Omit the definitions. Section 3:
Insert: "'Chairperson' means the Chairperson of the Executive Council;
'Executive Council' means the Executive Council of the Authority established
by section 10; 'Executive Officer' means the Executive Officer of the
Authority; 'member' means a member of the Executive Council; 'Regional
Advisory Council' means a Regional Advisory Council established under section
29;". Section 7A:
Omit "Australian Council", substitute "Executive Council". Subsections 8 (1)
and (2):
Omit "Australian Council", substitute "Executive Council". PARTS IIA, III, IV
and IVA:
Omit the Parts, substitute:

"PART III - EXECUTIVE OFFICER Executive Officer

"8A. (1) There is to be an Executive Officer of the Australian Trade Union
Training Authority.

"(2) The Executive Officer is responsible for the conduct of the affairs of
the Authority in accordance with the policy formulated by, and any directions
given by, the Executive Council. Acts done by Executive Officer taken to have
been done by the Authority

"8B. All acts and things done in the name of, or on behalf of, the Authority
by, or with the authority of, the Executive Officer are taken to have been
done by the Authority. Executive Officer may arrange for provision of training
courses at other places

"8C. Without limiting the generality of section 7, the Executive Officer may,
on behalf of the Authority, arrange for the provision of courses of, or
related to, trade union training at places in Australia other than the College
or Trade Union Training Centres. Appointment etc. of Executive Officer

"8D. (1) The Executive Officer is to be appointed by the Minister.

"(2) Subject to subsection (3), the Executive Officer holds office for such
period (not exceeding 7 years) as is specified in the instrument of
appointment, but is eligible for re-appointment.

"(3) The Minister must not appoint or re-appoint a person as the Executive
Officer:

   (a)  who has reached 65; or

   (b)  for a period that extends beyond the date on which the person will
        reach 65. Executive Officer's entitlement to salary if member of
        Commission

"8E. (1) If the person holding the office of Executive Officer is a member of
the Australian Industrial Relations Commission, the person is not entitled to
receive any remuneration or allowances in respect of the office of member of
the Commission.

"(2) The person's holding of the office of Executive Officer does not
otherwise affect the person's holding of the office of member of the
Commission. Remuneration of Executive Officer

"8F. (1) The Executive Officer is to be paid such remuneration as is
determined by the Remuneration Tribunal but, if no determination of that
remuneration by the Tribunal is in operation, is to be paid such remuneration
as is prescribed.

"(2) The Executive Officer is to be paid such allowances as are prescribed.

"(3) Subsections (1) and (2) have effect subject to the
Remuneration Tribunal Act 1973.

"(4) Payments under this section must be made out of the money of the
Authority. Leave of absence

"8G. (1) Subject to section 87E of the Public Service Act 1922, the Executive
Officer has such recreation leave entitlements as are determined by the
Remuneration Tribunal.

"(2) The Minister may grant the Executive Officer leave of absence, other than
recreation leave, on such terms and conditions as to remuneration or otherwise
as the Minister determines. Resignation

"8H. The Executive Officer may resign by written notice signed and delivered
to the Minister. Termination of appointment

"8J. (1) The Minister may terminate the appointment of the Executive Officer
for misbehaviour or physical or mental incapacity.

"(2) The Minister must terminate the appointment of the Executive Officer if
the Executive Officer:

   (a)  becomes bankrupt, applies to take the benefit of any law for the
        relief of bankrupt or insolvent debtors, compounds with his or her
        creditors or makes an assignment of his or her remuneration for their
        benefit; or

   (b)  is absent from duty for 14 consecutive days, or for 28 days in any 12
        months, except on leave granted under section 8G; or

   (c)  engages, except with the approval of the Minister, in paid employment
        outside the Executive Officer's duties; or

   (d)  without reasonable excuse, fails to comply with section 8K. Disclosure
        of interest

"8K. The Executive Officer must give written notice to the Minister of all
direct or indirect pecuniary interests that the Executive Officer has or
acquires in any business or in any body corporate carrying on a business.
Acting Executive Officer

"8L. (1) The Minister may appoint a person to act as Executive Officer:

   (a)  during a vacancy in the office of Executive Officer, whether or not an
        appointment has previously been made to the office; or

   (b)  during any period, or during all periods, when the Executive Officer
        is absent from duty or from Australia or is, for any reason, unable to
        perform the functions and duties of the office.

"(2) A person appointed under subsection (1) to act during a vacancy in the
office of Executive Officer must not continue to act as Executive Officer for
more than 12 months.

"(3) The Minister may determine the terms and conditions of appointment of a
person appointed under subsection (1).

"(4) The Minister may terminate an appointment made under subsection (1) at
any time.

"(5) If the office of Executive Officer becomes vacant while a person is
acting as Executive Officer under paragraph (1) (b), the person may continue
so to act until:

   (a)  the Minister otherwise directs; or

   (b)  the vacancy is filled; or

   (c)  a period of 12 months from the date on which the vacancy occurred
        expires; whichever occurs first.

"(6) Sections 8G, 8H and 8K apply in relation to a person appointed under
subsection (1) in the same way as they apply in relation to the Executive
Officer.

"(7) The person acting as the Executive Officer has all the powers, duties,
rights and entitlements of the Executive Officer.

"(8) Anything done by or in relation to a person purporting to act as the
Executive Officer under this section is not invalid merely because:

   (a)  there was a defect or irregularity in connection with the appointment;
        or

   (b)  the appointment had ceased to have effect; or

   (c)  the occasion for the person to act or to be appointed had not arisen
        or had ceased.

"PART IV - EXECUTIVE COUNCIL

"Division 1 - Establishment and function of Executive Council Cessation of
councils

"9. On the commencement of this section, the councils established by or under
subsections 9 (2), (3) and (4) of this Act as in force immediately before that
commencement cease to exist. Establishment of Executive Council

"10. The Executive Council of the Australian Trade Union Training Authority is
established. Functions and powers of Executive Council

"11. (1) The Executive Council is responsible for the formulation of the
policy of the Authority.

"(2) The Executive Council has such powers as are conferred by or under this
Act.

"Division 2 - Constitution and membership etc. of Executive Council
Constitution of Executive Council

"12. (1) The Executive Council consists of the following part-time members:

   (a)  one person to represent the community, being a person who has
        knowledge or experience in relation to trade union training and is
        appointed by the Minister;

   (b)  the Secretary or, if the Minister appoints another officer of the
        Department in the Secretary's place, being an officer nominated by the
        Secretary, that officer;

   (c)  6 persons to represent the Australian Council of Trade Unions, being
        persons nominated by the Australian Council of Trade Unions and
        appointed by the Minister;

   (d)  2 persons to represent employers, being persons appointed by the
        Minister after consultation with organisations representing employers
        in Australia;

   (e)  a person to represent the officers and employees of the Authority,
        being a person who is an officer or employee of the Authority selected
        in accordance with the regulations and is appointed by the Minister.

"(2) The Executive Council is taken to have been constituted when not less
than 7 of its members have been appointed. Chairperson of Executive Council

"13. (1) The Chairperson of the Executive Council is a member who is nominated
by the Executive Council and appointed by the Minister to be the Chairperson
of the Executive Council.

"(2) The Chairperson holds office for such period as is specified in the
instrument of appointment. Acting Chairperson of Executive Council

"14. (1) The Minister may appoint a member to act as Chairperson of the
Executive Council for such period as is specified in the instrument of
appointment.

"(2) If, during any period:

   (a)  there is a vacancy in the office of Chairperson; or

   (b)  the Chairperson is absent from duty or from Australia or is, for any
        reason, unable to perform the Chairperson's functions; the person
        referred to in whichever is applicable of the following paragraphs
        must act as the Chairperson during the period:

   (c)  if a member appointed under subsection (1) is available to perform the
        Chairperson's functions during the period - that member; or

   (d)  in any other case - the member referred to in paragraph 12 (1) (b).

"(3) The person acting as the Chairperson has all the powers, duties, rights
and entitlements of the Chairperson. Tenure of office

"15. (1) Subject to sections 20 and 21, a member referred to in paragraph 12
(1) (a), (c), (d) or (e) holds office for such period (not exceeding 3 years)
as is specified in the instrument of appointment, but is eligible for
re-appointment in accordance with this Act.

"(2) Subject to sections 20 and 21, if an officer of the Department has been
appointed under paragraph 12 (1) (b) in the Secretary's place, the officer so
appointed holds office as a member during the Minister's pleasure.
Remuneration and allowances of members

"16. (1) A member is to be paid such remuneration as is determined by the
Remuneration Tribunal but, if no determination of that remuneration by the
Tribunal is in operation, is to be paid such remuneration as is prescribed.

"(2) A member is to be paid such allowances as are prescribed.

"(3) This section has effect subject to the Remuneration Tribunal Act 1973.
Validity of appointments

"17. The appointment of a member is not invalid merely because of a defect or
irregularity in connection with the appointment. Validity of proceedings

"18. The performance of the Executive Council's functions is not affected
merely because of vacancies in its membership. Leave of absence

"19. The Minister may grant leave of absence to a member on such terms and
conditions as the Minister determines. Resignation

"20. A member (other than the member referred to in paragraph 12 (1) (b)) may
resign by written notice signed and delivered to the Minister. Termination of
appointment

"21. (1) This section applies to a member referred to in paragraph 12 (1) (a),
(c), (d) or (e).

"(2) The Minister may terminate the appointment of a member for misbehaviour
or physical or mental incapacity.

"(3) If:

   (a)  a member becomes bankrupt, applies to take the benefit of any law for
        the relief of bankrupt or insolvent debtors, compounds with his or her
        creditors or makes an assignment of his or her remuneration for their
        benefit; or

   (b)  the member referred to in paragraph 12 (1) (e) ceases to be an officer
        or employee of the Authority; or

   (c)  a member fails, without reasonable excuse, to comply with his or her
        obligation under section 22; the Minister must terminate the
        appointment of that member.

"(4) The Minister may terminate the appointment of a member referred to in
paragraph 12 (1) (c) if the Australian Council of Trade Unions notifies the
Minister in writing that it no longer wishes to be represented by that member.
Disclosure of interests

"22. (1) A member who has a direct or indirect pecuniary interest in a matter
being considered, or about to be considered, by the Executive Council must, as
soon as possible after the relevant facts have come to the member's knowledge,
disclose the nature of the interest at a meeting of the Executive Council.

"(2) The disclosure must be recorded in the minutes of the meeting and, unless
the Minister or the Executive Council otherwise determines, the member must
not:

   (a)  be present during any deliberation of the Executive Council in
        relation to the matter; or

   (b)  take part in any decision of the Executive Council in relation to the
        matter.

"(3) For the purpose of the making of a determination by the Executive Council
under subsection (2) in relation to a member who has made a disclosure under
subsection (1), the member must not:

   (a)  be present during any deliberation of the Executive Council for the
        purpose of the making of the determination; or

   (b)  take part in the making by the Executive Council of the determination.

"Division 3 - Meetings of the Executive Council Convening of meetings

"23. The Chairperson:

   (a)  may convene meetings of the Executive Council; and

   (b)  must comply with any resolution of the Executive Council with respect
        to the convening of meetings of the Executive Council; and

   (c)  must, on receipt of a written request signed by not less than 3
        members, convene a meeting of the Executive Council. Presiding at
        meetings

"24. The Chairperson must preside at all meetings of the Executive Council.
Quorum

"25. At a meeting of the Executive Council, the Chairperson and 6 other
members constitute a quorum. Voting at meetings

"26. (1) All questions arising at a meeting of the Executive Council must be
determined by a majority of the votes of the members present and voting.

"(2) The Chairperson has a deliberative vote but does not have a casting vote.
Conduct of meetings

"27. (1) The Executive Council may regulate the conduct of proceedings at its
meetings as it thinks fit.

"(2) The Executive Council must keep minutes of those proceedings. Reference
to Chairperson includes reference to acting Chairperson

"28. A reference in this Division to the Chairperson of the Executive Council
is, if a person is acting as Chairperson of the Executive Council, to be read
as a reference to the person so acting.

"Division 4 - Regional Advisory Councils Establishment of Regional Advisory
Councils

"29. The Executive Council may, in respect of any geographical division in
Australia (in this Division called a 'region'), by instrument in writing:

   (a)  establish a Regional Advisory Council for that region; and

   (b)  appoint persons to be part-time members of that Regional Advisory
        Council. Constitution etc. of Regional Advisory Councils

"29A. (1) A Regional Advisory Council is to be constituted in such manner and
for such period as is determined by the Executive Council in writing.

"(2) Without limiting subsection (1), the Executive Council may make
determinations relating to the appointment of a Chairperson or members of a
Regional Advisory Council. Functions of Regional Advisory Councils

"29B. (1) Subject to subsection (2), the functions of a Regional Advisory
Council are to advise, and to make recommendations to, the Executive Council
in relation to matters referred to it by the Executive Council.

"(2) The Executive Council must not refer to a Regional Advisory Council a
matter which is unrelated to the Executive Council's functions. Miscellaneous
matters relating to Regional Advisory Councils

"29C. (1) A Regional Advisory Council must conduct its business in the manner
determined by the Executive Council in writing.

"(2) Without limiting the generality of subsection (1), the Executive Council
may make determinations relating to:

   (a)  the rights, powers and duties of members of a Regional Advisory
        Council; and

   (b)  the holding of meetings of a Regional Advisory Council; and

   (c)  any other matters that are necessary or convenient to be determined
        for the carrying out of the functions of a Regional Advisory Council.
        Allowances for members of Regional Advisory Councils

"29D. A member of a Regional Advisory Council is not entitled to be paid
remuneration in respect of his or her membership of that Council, but is
entitled to be paid such allowances as are prescribed.". Paragraphs 31 (1)
(a), (aa) and (b):
Omit "National Director", substitute "Executive Officer". Paragraphs 31 (2)
(a) and (b):
Omit "National Director", substitute "Executive Officer". Division 2 of Part
V:
Repeal the Division. Section 41:
Repeal the section, substitute: Staff

"41. (1) The Executive Officer may, on behalf of the Authority, appoint such
officers and engage such employees as the Executive Officer considers
necessary for the purposes of this Act.

"(2) The Executive Officer is to determine:

   (a)  the duration of any appointment or engagement made under subsection
        (1); and

   (b)  the terms and conditions of service of persons so appointed or
        engaged, being terms and conditions approved by the Department.".
        Subsections 51 (1) and (2):
Omit "National Director", substitute "Executive Officer". Section 52:
Repeal the section, substitute: Delegation by Executive Officer

"52. The Executive Officer may, by signed instrument, delegate to a person
appointed or employed under section 41 all or any of the Executive Officer's
powers and functions under this Act.". Sections 53 and 54:

   (a)  Omit "A council" (wherever occurring), substitute "The Executive
        Council".

   (b)  Omit "the council" (wherever occurring), substitute "the Executive
        Council".

   (c)  Omit "a council" (wherever occurring), substitute "the Executive
        Council".

   (d)  Omit "Chairman" (wherever occurring), substitute "Chairperson".
        Section 55:
Omit "The authority", substitute "The Authority".
NOTE 1. On the day on which section 80 of the Industrial Relations
(Consequential Provisions) Act 1988 is amended by this Act, the heading to the
section is altered by omitting "Deputy Presidents" and substituting
"Presidential Members".