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WORKPLACE RELATIONS LEGISLATION AMENDMENT ACT 2002 NO. 127, 2002 - SCHEDULE 2

- Changing the name of the National Labour Consultative Council, and other matters relating to the Council Part 1—Main amendments

National Labour Consultative Council Act 1977

1 Title

Omit " Labour ", substitute " Workplace Relations ".

2 Section 1

Omit " National Labour Consultative Council Act 1977 ", substitute " National Workplace Relations Consultative Council Act 2002 ".

3 Section 3 (definition of Council)

Omit "Labour", substitute "Workplace Relations".

4 Section 4

Omit "Labour", substitute "Workplace Relations".

Note: The heading to section 4 is altered by omitting " Labour " and substituting " Workplace Relations ".

5 Subsection 5(1)

Omit "industrial relations matters, and manpower matters,", substitute "workplace relations matters".

6 Paragraph 6(1)(d)

Omit "the Australian Chamber of Manufactures", substitute "the Business Council of Australia".

7 Paragraph 6(1)(e)

Omit "the Metal Trades Industry Association of Australia", substitute "the Australian Industry Group".

8 After subsection 6(1)

Insert:

(1A) If the Minister is satisfied that an organisation referred to in a paragraph of subsection (1) (including a paragraph as previously amended under this subsection or subsection (1B)):

(a)
has changed its name; or

(b)
has merged with another organisation; or

(c)
has been succeeded by another organisation;

the Governor-General may make regulations amending that paragraph of subsection (1) so that the paragraph refers to the organisation under its new name, to the merged organisation, or to the successor organisation, as the case requires.

(1B) If the Minister is satisfied that:

(a)
an organisation referred to in a paragraph of subsection (1) (including a paragraph as previously amended under this subsection or subsection (1A)) has ceased to exist and has not merged with, or been succeeded by, another organisation; and

(b)
there is another organisation that performs a broadly similar role;

the Governor-General may make regulations amending that paragraph of subsection (1) so that the paragraph refers to that other organisation.

(1C) Before deciding that he or she is satisfied for the purposes of subsection (1B), the Minister must consult the members of the Council.

Note: This subsection is not intended to limit by implication the matters the Minister may take into account for the purposes of subsection (1A) or (1B).

9 Subsection 6(4)

Repeal the subsection.

10 Section 7

Omit "his membership by writing signed by him", substitute "by writing signed by him or her".

11 At the end of section 8

Add:

(2) If the Minister is satisfied that an organisation which has nominated a member under subsection 6(1) has ceased to exist and has not merged with, or been succeeded by, another organisation, the Minister must terminate the appointment of that member.
12 Section 9

Repeal the section, substitute:

9 Travelling allowance for members

(1) The regulations may provide for a member to receive travelling allowance at a rate specified or identified in the regulations.
(2) Regulations made for the purposes of subsection (1) may identify a rate by reference to the rate of travelling allowance that is payable to a particular class of office holders under a determination of the Remuneration Tribunal as in force at a particular time, or as in force from time to time.

Note: This subsection is not intended to be an exhaustive statement of the ways in which a rate could be identified.

(3) A member is not otherwise entitled to any remuneration or allowances.
13 Subsection 11(4)

Omit "he", substitute "the Minister".

14 Subsection 11(4)

Omit "his", substitute "the Minister's".

15 Subsection 12(2)

Repeal the subsection, substitute:

(2) The regulations may provide for a member of a committee to receive travelling allowance at a rate specified or identified in the regulations.
(3) Regulations made for the purposes of subsection (2) may identify a rate by reference to the rate of travelling allowance that is payable to a particular class of office holders under a determination of the Remuneration Tribunal as in force at a particular time, or as in force from time to time.

Note: This subsection is not intended to be an exhaustive statement of the ways in which a rate could be identified.

(4) A member of a committee is not otherwise entitled to any remuneration or allowances.
16 At the end of the Act

Add:

The Governor-General may make regulations prescribing matters:

(a)
required or permitted by this Act to be prescribed; or

(b)
necessary or convenient for carrying out or giving effect to this Act.

Part 2—Consequential amendments

Administrative Decisions (Judicial Review) Act 1977

17 Paragraph (l) of Schedule 1

Omit "National Labour Consultative Council", substitute "National Workplace Relations Consultative Council".

Freedom of Information Act 1982

18 Part 1 of Schedule 2

Omit "National Labour Consultative Council", substitute "National Workplace Relations Consultative Council".


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