INDUSTRIAL RELATIONS REGULATIONS 1989 NO. 12 INDUSTRIAL RELATIONS REGULATIONS 1989 NO. 12 - TABLE OF PROVISIONS 1. Citation 2. Interpretation 3. Prescribed persons etc.-definition of "employing authority" in subsection 4 (1) of the Act 4. Prescribed classes of persons etc.-definition of "public sector employment" in subsection 4 (1) of the Act 5. Prescribed State industrial authorities-section 13 and subsections 16 (2) and 175 (1), (2) and (5) of the Act 6. Prescribed tribunals-subsections 15 (1), 15 (2) and 21 (5) of the Act 7. Representation of employing authorities 8. Representation of certain persons by unregistered associations 9. Powers and functions of inspectors 10. Identity cards-prescribed form 11. Taking of samples 12. Demarcation disputes 13. Compulsory conferences 14. Prescribed Acts and enactments-subsection 121 (2) of the Act 15. Remuneration and allowances of members 16. Application for a common rule 17. Service of notice 18. Notice of appearance 19. Publication of common rule 20. Prescribed class of public sector employment-subsection 141 (3) of the Act 21. Publication of notice for the purposes of paragraph 141 (4) (a) of the Act 22. Variation of common rules-notice for purposes of subsection 142 (3) of the Act 23. Publication of notice for purposes of subsection 142 (4) of the Act 24. Notice for purposes of subsection 142 (6) of the Act 25. Manner of summoning or notifying party-paragraphs 149 (b) and (c) of the Act 26. Prescribed time-paragraph 149 (c) of the Act 27. Federal Ports Co-ordinating Committee-nominations 28. Port Co-ordinating Committees-nominations 29. Tenure of office 30. Meetings 31. Prescribed State laws-section 173 of the Act 32. Prescribed Act-subsections 177 (3) and (5) of the Act 33. Application for registration-section 188 of the Act 34. Order in which applications dealt with 35. Notification of application for registration 36. Objection to registration 37. Application for registration by associations-hearing of applications 38. Manner of withdrawal of application for registration 39. Application for change of name etc.-section 190 of the Act 40. Alterations of rules-lodgment of copies etc. 41. Prescribed form-certificate of registration 42. Issue of copy certificates etc. 43. Review of registration of small organisations 44. Elections for offices-exemption from requirement for postal ballot 45. Prescriptions for purposes of paragraph 198(6)(b) and subsection 198 (7) of the Act 46. Prescribed form - subsection 202(1) of the Act 47. Hearing in relation to alterations of rules - subsection 203(1) of the Act 48. Consent to change of name etc.-application 49. Notification of application for consent to change of name etc. 50. Withdrawal of application for consent to change of name etc. 51. Change of name or alteration of eligibility rules of organisation-objections 52. Change of name etc.-hearing of application for consent 53. Alteration of other rules of organisations 54. Hearing in relation to rules contravening section 196 of the Act 55. Application for organisation or branch to conduct its elections 56. Publication of notice for purposes of subsection 211 (4) of the Act 57. Objections to application to conduct elections 58. Answer to objections 59. Hearing of application to conduct elections 60. Revocation of exemption allowing an organisation or branch to conduct its elections 61. Prescribed information in respect of election-subsection 214 (1) of the Act 62. Application for inquiry into election 63. Interpretation 64. Application under section 235 of the Act 65. Prescribed particulars of schemes for proposed amalgamation-subsection 235 (2) of the Act 66. Notification of right to make objection-subsection 240 (6) of the Act 67. Prescribed persons-subsection 241 (3) of the Act 68. Prescribed grounds-subsection 241 (3) of the Act 69. Manner of making objections-section 241 of the Act 70. Evidence in support of objections 71. Prescribed time-subsection 242 (1) of the Act 72. Service of notice of objection 73. Evidence in reply 74. Notice of hearing of objections 75. Hearing of objections-subsection 241 (4) of the Act 76. Applicant to be heard 77. Manner of withdrawal of application made under section 235 of the Act 78. Service of documents 79. Prescribed matters-subsection 238 (2) of the Act 80. Roll of voters-preparation 81. Roll of voters-inspection etc. 82. Form and publication of notice of ballot 83. Secrecy of ballot 84. Ballot papers-Form 85. Ballot papers-dispatch 86. Duplicate ballot papers etc. 87. Manner of voting 88. Custody of envelopes containing ballot papers 89. Scrutiny 90. Scrutineers 91. Certificate showing particulars of the ballot 92. Preservation of ballot papers etc. 93. Inquiry into ballot irregularity-application 94. Inquiry into ballot irregularity-directions as to hearing 95. Inquiry into ballot irregularity-inspection of ballot papers etc. 96. Inquiry into ballot irregularity-procedure at hearing 97. Inquiry into ballot irregularity-interim orders in case of uncompleted ballot 98. Offences 99. Conscientious objection-issue of certificates 100. Conscientious objection-renewal of certificates 101. Conscientious objection-revocation of certificates 102. Prescribed records-paragraph 268 (1) (d) of the Act 103. Prescribed time-subsection 268 (3) of the Act 104. Prescribed officer-subsections 268 (3), (4) and (12) of the Act 105. Prescribed period-subsection 268 (4) of the Act 106. Application of Division with respect to organisations divided into branches 107. Prescribed accounts-subsection 273 (1) of the Act 108. Prescribed accounts-subsection 285 (5) of the Act 109. Certificates to be given in accounts-subsections 273 (2) and 285 (6) of the Act 110. Information to be provided to members etc.-subsections 274 (1) and (2) of the Act 111. Evidence of membership of organisation to be supplied 112. Competent persons-subsection 275 (9) of the Act 113. Prescribed period-subsection 276 (1) of the Act 114. Prescribed officer-paragraph 280 (1) (b) of the Act 115. Prescribed officer-paragraphs 281 (3) (b) and (4) (b) of the Act 116. Prescribed officer-subsection 285 (9) of the Act 117. Prescribed amount-paragraph 289 (b) of the Act 118. Elections or ballots conducted by the Australian Electoral Commission-no unauthorised action 119. No action for defamation in certain cases 120. Circumstances where an organisation may apply for cancellation of its registration-paragraph 296 (a) of the Act 121. Application for cancellation of registration of an organisation-paragraph 296 (a) of the Act 122. Application for cancellation of registration of an organisation-paragraph 296 (b) of the Act 123. Cancellation of registration of defunct organisation-paragraph 296 (c) of the Act 124. Office hours 125. Lodging of documents in the Industrial Registry 126. Indorsement of documents 127. Inspection of documents 128. False statement in document 129. Power to waive procedural requirements and effect of non-compliance 130. Use of previous evidence 131. Recovery of cost of providing copies of documents 132. Custody and use of seals of the Industrial Registry 133. Power of Commission to waive procedural requirements and effect of non-compliance 134. Certain applications under subsection 111 (1) 135. General powers of Registrar 136. Signing of documents etc. on behalf of persons, organisations etc. 137. Payment of unclaimed moneys to Commonwealth SCHEDULE 1 SCHEDULE 2 SCHEDULE 3 SCHEDULE 4 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 1 Citation 1. These Regulations may be cited as the Industrial Relations Regulations. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 2 Interpretation 2. In these Regulations, unless the contrary intention appears: "approved form" means a form approved by the President for the purposes of the provision in which the expression is used; "Form" means a form set out in Schedule 1; "the Act" means the Industrial Relations Act 1988. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 3 Prescribed persons etc.-definition of "employing authority" in subsection 4 (1) of the Act 3. For the purposes of the definition of "employing authority" in subsection 4 (1) of the Act, each of the persons or bodies specified in column 3 of an item in Schedule 2 is prescribed as the employing authority in relation to the class of employees specified in column 2 of that item. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 4 Prescribed classes of persons etc.-definition of "public sector employment" in subsection 4 (1) of the Act 4. (1) For the purposes of paragraph (e) of the definition of "public sector employment" in subsection 4 (1) of the Act, each of the following laws is prescribed: (a) Naval Defence Act 1910; (b) Supply and Development Act 1939. (2) For the purposes of paragraph (f) of the definition of "public sector employment" in subsection 4 (1) of the Act, each of the following classes of persons is prescribed: (a) members of the Defence Force; (b) members of the Police Force of the Northern Territory; (c) persons employed by, or in the service of: (i) a Commonwealth authority referred to in Schedule 3; or (ii) a body that is a subsidiary of a Commonwealth authority referred to in Schedule 3 in which body the Commonwealth authority has a controlling interest; (d) persons who hold an office established under a law of the Commonwealth or of a Territory, other than an officer (not being an unattached officer) of the Australian Public Service or the Public Service of the Northern Territory. (3) For the purposes of paragraph (g) of the definition of "public sector employment" in subsection 4 (1) of the Act, the following law is prescribed, namely, the Prisons (Correctional Services) Act 1980 of the Northern Territory. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 5 Prescribed State industrial authorities-section 13 and subsections 16 (2) and 175 (1), (2) and (5) of the Act 5. For the purposes of section 13 and subsections 16 (2) and 175 (1), (2) and (5) of the Act, each of the following State industrial authorities is prescribed: (a) the Industrial Commission of New South Wales; (b) the Industrial Relations Commission of Victoria; (c) the Industrial Conciliation and Arbitration Commission of the State of Queensland; (d) the Western Australian Industrial Relations Commission; (e) the Industrial Commission of South Australia; (f) the Tasmanian Industrial Commission. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 6 Prescribed tribunals-subsections 15 (1), 15 (2) and 21 (5) of the Act 6. For the purposes of subsections 15 (1), 15 (2) and 21 (5) of the Act: (a) each of the following tribunals is a prescribed Commonwealth tribunal: (i) Defence Force Remuneration Tribunal; (ii) Pharmaceutical Benefits Remuneration Tribunal; and (b) each of the following tribunals is a prescribed Territory tribunal: (i) the Industrial Appeals Tribunal established by the Industrial Relations Ordinance 1976 of the Territory of Christmas Island; (ii) the Prison Officers Arbitral Tribunal established by the Prisons (Arbitral Tribunal) Act of the Northern Territory; (iii) the Police Arbitral Tribunal established by the Police Administration Act of the Northern Territory. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 7 Representation of employing authorities 7. For the purposes of subsections 42 (5) and 58 (4) of the Act, each of the following persons is a prescribed person in relation to an employing authority: (a) where the employing authority in relation to a class of persons specified in column 2 of item 1 in Schedule 2 is the Minister administering the enactment by or under which the Commonwealth authority employing persons in that class was established-a person who is an officer or employee of that Commonwealth authority; (b) where the employing authority in relation to a class of persons specified in column 2 of item 1 in Schedule 2 is the principal executive officer of the Commonwealth authority employing persons in that class-a person who is: (i) an officer or employee of that Commonwealth authority; or (ii) an officer of the Australian Public Service; (c) where the employing authority in relation to a class of persons specified in column 2 of item 1 in Schedule 2 is the Minister of State for Industrial Relations-an officer of the Australian Public Service; (d) where the employing authority in relation to a class of persons specified in column 2 of item 2 in Schedule 2 is the principal executive officer of the Commonwealth authority employing persons in that class-a person who is an officer or employee of that Commonwealth authority; (e) where the employing authority in relation to a class of persons specified in column 2 of item 2 in Schedule 2 is the principal executive officer of the Commonwealth authority employing persons in that class and that Commonwealth authority consents to being represented by an officer of the Australian Public Service-a person who is an officer of the Australian Public Service; (f) where the employing authority in relation to a class of persons specified in column 2 of item 2 in Schedule 2 is the Minister administering the enactment by or under which the Commonwealth authority employing persons in that class was established-an officer or employee of that Commonwealth authority; (g) where: (i) the employing authority in relation to a class of persons is a Minister of the Northern Territory and the persons included in that class are employed by a Northern Territory authority; (ii) the employing authority is a Northern Territory authority (being a body corporate of the kind referred to in paragraph (a) of the definition of "Northern Territory authority" in subsection 4 (1) of the Act); or (iii) the employing authority is the principal executive officer of a Northern Territory authority (being a body corporate of the kind referred to in paragraph (b) of the definition of "Northern Territory authority" in subsection 4 (1) of the Act); a person who is: (iv) an officer or employee of the Northern Territory authority; or (v) an officer or employee of the Public Service Commissioner for the Northern Territory; (h) where: (i) the employing authority in relation to a class of persons is a Minister of the Northern Territory and the persons included in that class are employed by the Northern Territory; or (ii) the employing authority is the Public Service Commissioner for the Northern Territory; a person who is an officer or employee of the Public Service Commissioner for the Northern Territory; (i) in any other case-an officer of the Australian Public Service. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 8 Representation of certain persons by unregistered associations 8. Where a party to a proceeding before the Commission is an employer who is a member of an association of employers, being an association that is not registered under the Act, the party may be represented by an officer or employee of that association. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 9 Powers and functions of inspectors 9. (1) Where an inspector, when exercising his or her powers or performing his or her functions under the Act or under these Regulations: (a) is requested by an employer or employee to advise that employer or employee, as the case may be, of his or her rights and obligations under any award or under the Act or any regulations made under the Act; or (b) considers it necessary or desirable to give any such advice to an employer or employee; the inspector shall give that advice and shall explain the manner in which any such awards or requirements, as the case may be, are to be observed. (2) Where a person has failed to observe an award or any requirement of the Act or of a regulation made under the Act, an inspector may, by notice in writing: (a) inform the person of that failure; (b) require the person to take such action specified in the notice, within the period specified in the notice, as is necessary to rectify that failure; (c) require the person to notify the inspector in accordance with the notice of any action taken to comply with the notice; and (d) advise the person of the consequences of failure to comply with the notice. (3) An inspector may, subject to any directions given by the Minister under subsection 84 (5) of the Act: (a) institute, or give evidence in, any proceedings; or (b) conduct, or assist in the conduct of, any prosecution; in respect of a breach of a term of an award or a contravention of the Act or any regulation made under the Act. (4) Subregulation (3) does not apply in relation to any matter in respect of which provision is made by subsection 178 (5) of the Act. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 10 Identity cards-prescribed form 10. For the purposes of subsection 85 (1) of the Act, the prescribed form is Form 1. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 11 Taking of samples 11. For the purposes of subparagraph 86 (1) (b) (ii) of the Act, an inspector may take a sample of any goods or substances after informing the owner or other person in charge of the goods or substances, or the representative of that owner or person, of the inspector's intention to do so. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 12 Demarcation disputes 12. (1) Where a matter is referred to a designated Presidential Member under subsection 118 (6) of the Act, the Presidential Member shall, for the purpose of giving each organisation concerned an opportunity to be heard in accordance with subsection 118 (7) of the Act: (a) fix a time and place for the hearing of the matter; and (b) cause each such organisation to be given, not less than 7 days before the time so fixed, a notice in writing: (i) identifying the matter referred to the Presidential Member; (ii) specifying the time and place so fixed; and (iii) notifying the organisation of its right to appear at the hearing of the matter and to make submissions, in accordance with subregulation (2), relating to the matter. (2) In relation to the hearing of the matter referred to in subregulation (1), an organisation concerned may make submissions relating to the matter to the designated Presidential Member by: (a) lodging in the Industrial Registry, not less than 2 days before the day fixed for the hearing of the matter, written submissions relating to the matter; or (b) appearing at the hearing of the matter and making oral submissions to the Presidential Member; or both. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 13 Compulsory conferences 13. (1) Subject to subregulation (2), a person directed to attend a compulsory conference under section 119 of the Act shall be paid by the Commonwealth: (a) such allowances as the Minister determines; (b) the amount of any salary, wages or other earnings actually lost by the person during the time spent in travelling and attending the conference; and (c) the amount of any travelling expenses actually and properly incurred by the person. (2) A payment shall not be made under subregulation (1) unless certified by a Registrar. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 14 Prescribed Acts and enactments-subsection 121 (2) of the Act 14. For the purposes of paragraph 121 (2) (b) of the Act, each of the following is prescribed: (a) Superannuation (Interim Benefits) Act 1988; (b) Prisons (Arbitral Tribunal) Act of the Northern Territory; (c) Police Administration Act of the Northern Territory. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 15 Remuneration and allowances of members 15. (1) Subject to this regulation: (a) a person appointed by the Commission to a local industrial board to which an industrial dispute has been referred for investigation and report under section 130 of the Act; or (b) a person who constitutes, or is a member of, a board of reference appointed in accordance with section 131 of the Act; shall be paid by the Commonwealth such remuneration, if any, and such allowances, if any, as the Minister determines and the amount of any travelling expenses actually and properly incurred by that person in the performance of his or her duties. (2) Nothing in subregulation (1) authorises the payment of an amount to a Commissioner. (3) Unless the Minister otherwise directs, an amount shall not be paid under subregulation (1) to: (a) a person who is an officer, or employee, within the meaning of the Public Service Act 1922; or (b) a person employed by a Commonwealth authority. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 16 Application for a common rule 16. (1) An application may be made by any interested person or organisation to the Commission for a declaration under subsection 141 (1) or (2) of the Act. (2) An application shall be in accordance with the approved form and shall be lodged in the Industrial Registry. (3) Upon an application being lodged in the Industrial Registry, a Registrar shall immediately bring the matter to the notice of the President or such other member of the Commission as is appropriate. (4) Where lodgment of an application is brought to the notice of the Commission in accordance with subregulation (3), the Commission shall cause directions to be issued to the applicant as to: (a) the persons (if any) on whom a notice of the application should be served; (b) the time within which that notice is to be served on those persons; and (c) the time and place for the hearing of the application. (5) A notice served on a person in accordance with subregulation (4) shall, subject to any directions of the Commission or a member of the Commission, be in accordance with the approved form. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 17 Service of notice 17. The applicant shall, in accordance with the directions issued under subregulation 16 (4), serve any notice directed to be served on a person. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 18 Notice of appearance 18. Unless the Commission otherwise directs, a person or organisation claiming to be interested in, and desiring to be heard in respect of, a matter in relation to which it is proposed to declare a common rule shall, not less than 3 days before the day fixed for the hearing, lodge in the Industrial Registry a notice of appearance in accordance with the approved form and shall, as soon as practicable before the hearing, serve a copy of the notice upon the person (if any) who applied for a declaration of the common rule. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 19 Publication of common rule 19. Where the Commission declares that any term of an award shall be a common rule, a signed copy of the declaration shall be published by a Registrar in the Gazette. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 20 Prescribed class of public sector employment-subsection 141 (3) of the Act 20. The following class of public sector employment is prescribed for the purposes of subsection 141 (3) of the Act, namely, employment by, or service in the service of: (a) a Commonwealth authority referred to in Part I of Schedule 4; (b) a body that is a subsidiary of a Commonwealth authority referred to in Part I of Schedule 4 in which body the Commonwealth authority has a controlling interest; or (c) a Northern Territory authority referred to in Part II of Schedule 4. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 21 Publication of notice for the purposes of paragraph 141 (4) (a) of the Act 21. The notice that is to be published by the Commission in accordance with paragraph 141 (4) (a) of the Act shall: (a) be published in the Gazette and in such other publications (if any) as the Commission thinks fit; and (b) subject to any directions of the Commission or a member of the Commission, be in accordance with the approved form. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 22 Variation of common rules-notice for purposes of subsection 142 (3) of the Act 22. (1) The notice referred to in subsection 142 (3) of the Act in relation to a term of an award, being a term that is a common rule of an industry in a Territory, shall be given: (a) to the person or organisation (if any) that made an application for the variation of the term; (b) where the term is a common rule of an industry in the Australian Capital Territory-to: (i) the Confederation of A.C.T. Industry; (ii) the Master Builders' Association of the Australian Capital Territory; (iii) the Metal Trades Industry Association of Australia; and (iv) the Trades and Labour Council of the Australian Capital Territory Incorporated; and (c) where the term is a common rule of an industry in the Northern Territory-to: (i) the Australian Mines and Metals Association Inc.; (ii) the Master Builders' Association of the Northern Territory; (iii) the Northern Territory Confederation of Industry and Commerce Inc.; and (iv) the Northern Territory Trades and Labour Council. (2) The notice referred to in subsection 142 (3) of the Act in relation to a term of an award, being a term that is a common rule for the whole or a branch of public sector employment, shall be: (a) given to: (i) the person or organisation (if any) that made an application for the variation of the term; (ii) the Department; (iii) the Public Service Commissioner for the Northern Territory; (iv) the Director, Industrial Relations, Department of Labour and Administrative Services, Northern Territory; and (v) the Australian Council of Trade Unions; and (b) published in the Gazette. (3) A notice referred to in subregulation (1) or (2) shall be: (a) in accordance with the approved form; and (b) given by serving a copy of the notice on the person or body to whom the notice is to be given. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 23 Publication of notice for purposes of subsection 142 (4) of the Act 23. A notice that is to be published by a Registrar in accordance with subsection 142 (4) of the Act shall be published (in accordance with the approved form): (a) in the Gazette; and (b) where the notice relates to a common rule of an industry in a Territory-in a newspaper or newspapers circulating in the Territory. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 24 Notice for purposes of subsection 142 (6) of the Act 24. A notice referred to in subsection 142 (6) of the Act shall be: (a) in accordance with the approved form; and (b) given by being published in the Gazette. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 25 Manner of summoning or notifying party-paragraphs 149 (b) and (c) of the Act 25. A person or organisation: (a) being a party referred to in paragraph 149 (b) of the Act, is summoned or notified as prescribed for the purposes of that paragraph; or (b) being a party referred to in paragraph 149 (c) of the Act, is notified as prescribed for the purposes of that paragraph; if the summons or notification, as the case may be, is served in accordance with the Rules of the Commission. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 26 Prescribed time-paragraph 149 (c) of the Act 26. For the purposes of paragraph 149 (c) of the Act, the prescribed time, in relation to a party not satisfying the Commission as provided by that paragraph, is: (a) the period of 21 days commencing on the day on which the party was notified of the industrial dispute and of the fact referred to in that paragraph; or (b) the period commencing on the day referred to in paragraph (a) and expiring at the end of the day on which the initial findings of the Commission in relation to the matters in dispute were made; whichever is the longer. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 27 Federal Ports Co-ordinating Committee-nominations 27. (1) For the purposes of this regulation, each of the following organisations is a prescribed organisation: (a) The Association of Employers of Waterside Labour; (b) Australian Shipping Commission; (c) Broken Hill Proprietary Company Limited; (d) The Waterside Workers Federation of Australia. (2) For the purposes of subsection 169 (2) of the Act, a prescribed organisation may nominate for appointment as members of the Federal Ports Co-ordinating Committee such persons, not exceeding 4 in number, as the organisation determines. (3) The nomination of a person for appointment as a member of the Committee shall be in writing addressed to the person authorised by the Minister to make appointments for the purpose of section 169 of the Act and shall be accompanied by a notice, signed by the person nominated, indicating that the person consents to his or her nomination. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 28 Port Co-ordinating Committees-nominations 28. (1) For the purposes of subsection 170 (2) of the Act: (a) the Association of Employers of Waterside Labour may nominate for appointment as members of the Port Co-ordinating Committee established in respect of a port other than Whyalla or Westernport such persons as it thinks fit; (b) the Port Waratah Stevedoring Company Ltd. may nominate for appointment as members of the Port Co-ordinating Committee established in respect of Whyalla or Westernport such persons as it thinks fit; and (c) the Waterside Workers Federation of Australia may nominate for appointment as members of the Port Co-ordinating Committee established in respect of any port such persons as it thinks fit. (2) The nomination of a person for appointment as a member of a Committee shall be in writing addressed to the person authorised by the Minister to make appointments for the purpose of section 170 of the Act and shall be accompanied by a notice, signed by the person nominated, indicating that the person consents to his or her nomination. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 29 Tenure of office 29. (1) In this regulation: "Committee" means: (a) the Federal Ports Co-ordinating Committee; or (b) a Port Co-ordinating Committee. (2) Subject to subregulation (3), a member of a Committee shall hold office until: (a) he or she resigns by notice in writing given to the person authorised under section 169 or 170 of the Act, as the case may be, to make appointments to the Committee; or (b) his or her appointment is, upon a request made in writing by the organisation or corporation that nominated the member, terminated by the person so authorised to make appointments to the Committee. (3) A member co-opted by a Committee under subsection 169 (4) or 170 (4) of the Act, as the case may be, shall cease to be a member when the Committee decides that adequate consideration has been given to the matter in relation to which he or she was co-opted to be a member. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 30 Meetings 30. (1) In this regulation: "Committee" has the same meaning as in regulation 29. (2) A Committee shall hold such meetings as are necessary for the performance of its function. (3) A member of a Committee may, at any time, require that a meeting of the Committee be held by notifying each of the other members of the Committee of that requirement (other than any member who, by reason of absence, would be prevented from attending a meeting of the Committee) and the meeting shall be held at such place, and at such time within 14 days after the last day on which a member was so notified, as is agreed to by a majority of the members so notified. (4) At a meeting of the Federal Ports Co-ordinating Committee, 2 members, one of whom shall be a member appointed on the nomination of a body referred to in paragraph 27 (1) (a), (b) or (c) and the other a member appointed on the nomination of the body referred to in paragraph 27 (1) (d), shall constitute a quorum. (5) At a meeting of a Port Co-ordinating Committee: (a) members nominated by the organisation referred to in paragraph 28 (1) (a) or the corporation referred to in paragraph 28 (1) (b) (whichever is applicable) and members nominated by the organisation referred to in paragraph 28 (1) (c) shall be equal in number; and (b) 2 members shall constitute a quorum. (6) Subject to this regulation, the procedure to be followed at a meeting of a Committee shall be determined by the Committee. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 31 Prescribed State laws-section 173 of the Act 31. For the purposes of subsections 173 (1) and (2) of the Act, each of the following State Acts is a prescribed law of the State by whose Parliament it was passed: (a) the Industrial Arbitration Act, 1940 of New South Wales; (b) the Industrial Relations Act 1979 of Victoria; (c) The Industrial Conciliation and Arbitration Act of 1961 of Queensland; (d) the Industrial Relations Act 1979 of Western Australia; (e) the Industrial Conciliation and Arbitration Act, 1972 of South Australia; (f) the Industrial Relations Act 1984 of Tasmania. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 32 Prescribed Act-subsections 177 (3) and (5) of the Act 32. The Industrial Arbitration (Oil Industry) Amendment Act, 1980 of New South Wales is prescribed for the purposes of subsections 177 (3) and (5) of the Act. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 33 Application for registration-section 188 of the Act 33. (1) An application by an association for registration as an organisation shall be: (a) in accordance with the approved form; (b) accompanied by a statutory declaration signed by 2 or more officers of the association verifying the facts set out in the application and in the documents being lodged with the application; and (c) lodged in the Industrial Registry together with: (i) a list of the members of the association, showing the name and postal address of each member; (ii) a list of the offices in the association and in each branch of the association; (iii) a list of the names, postal addresses and occupations of the persons holding the offices; (iv) a list of the branches of the association, showing in respect of each branch its name, and the situation of its office; (v) the rules of the association and of each of its branches; and (vi) a copy of a resolution in favour of the registration of the association as an organisation passed in accordance with the rules by a majority of the members of the association present at a general meeting of the association or by an absolute majority of the association's committee of management. (2) Each document required under paragraph (1) (c) to be lodged with an application shall be: (a) signed by the officers making the statutory declaration accompanying the application at the same time as they sign the declaration; and (b) dated accordingly. (3) An association applying for registration may also lodge in the Industrial Registry a statement in support of the application. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 34 Order in which applications dealt with 34. Applications for registration shall be dealt with, as far as practicable, in the order in which they are lodged in the Industrial Registry. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 35 Notification of application for registration 35. (1) Where an application for registration has been made under section 188 of the Act, the Industrial Registrar shall cause: (a) a notice of the receipt of the application to be published in the Gazette; and (b) a copy of the notice so published to be forwarded to each registered organisation as soon as practicable after that publication. (2) The notice published under paragraph (1) (a) shall set out the eligibility rules of the association making the application to which the notice relates. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 36 Objection to registration 36. (1) Any interested organisation, association or person may, not later than 35 days after a notice of receipt of an application for registration of an association has been published in the Gazette, lodge in the Industrial Registry a notice of objection to the registration of the association. (2) The notice of objection shall set out: (a) the grounds on which the registration of the association is objected to; and (b) particulars of each ground of objection. (3) A notice of objection shall: (a) if it is lodged by an organisation-be under the seal of the organisation or be signed by 2 persons authorised by the organisation to sign that notice; (b) if it is lodged by an association-be signed by 2 persons authorised by the association to sign that notice; or (c) if it is lodged by a person-be signed by that person. (4) A notice of objection shall be accompanied by a written statement: (a) setting out briefly the facts upon which the objector relies in respect of each ground of objection; and (b) signed: (i) where the notice of objection is under the seal of an organisation-by an officer of the organisation authorised to sign the statement; (ii) where the notice of objection is lodged by a person-by that person; and (iii) in any other case-by one of the persons authorised to sign the notice. (5) An objector shall be restricted to the grounds specified in the notice of objection unless the designated Presidential Member hearing the application, on a further application made and for reasons shown by the objector, otherwise permits. (6) Within 7 days after a notice of objection is lodged in the Industrial Registry, the objector shall serve a copy of the notice and of the written statement accompanying it on the association applying for registration. (7) An association: (a) may, not later than 14 days after service on it under subregulation (6) of a copy of the notice of objection, lodge in the Industrial Registry, in answer to the objection, a written statement signed by an officer of the association authorised to sign the statement; and (b) shall, not later than 7 days after lodging a written statement under paragraph (a), serve a copy of that statement on the objector. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 37 Application for registration by associations-hearing of applications 37. (1) The designated Presidential Member dealing with an application for registration made by an association under section 188 of the Act shall not: (a) refuse to grant it without giving the applicant an opportunity to be heard; or (b) grant it without giving any objector who has complied with regulation 36 (in this regulation called an "objector") an opportunity to be heard. (2) The designated Presidential Member shall, for the purpose of giving the applicant and any objector an opportunity to be heard, fix a time and place for a hearing and shall cause the applicant and any objector to be notified of the time and place so fixed. (3) The designated Presidential Member may, at the time and place fixed for the hearing, give directions as to the manner in which the hearing is to proceed and may: (a) determine the matter without further delay; (b) adjourn the proceedings to a later day; or (c) with the agreement of the applicant and any objector, determine the matter on a later day without a further hearing. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 38 Manner of withdrawal of application for registration 38. (1) An association that seeks to withdraw an application made by the association under section 188 of the Act may, at any time before the application is determined by a designated Presidential Member, lodge in the Industrial Registry a notice of withdrawal accompanied by a written statement signed by 2 or more officers of the association to the effect that a resolution in favour of the withdrawal was passed in accordance with the rules of the association with the required majority by the members present at a general meeting of the association or by the committee of management of the association (as the case requires). (2) In subregulation (1): "required majority" means: (a) in relation to a resolution passed at a general meeting of the association-a majority of the members present at that meeting; or (b) in relation to a resolution passed by the committee of management of the association-an absolute majority of the members of the committee. (3) The Industrial Registrar shall cause a notice of withdrawal lodged in accordance with this regulation to be published in the Gazette. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 39 Application for change of name etc.-section 190 of the Act 39. An application to a designated Presidential Member under section 190 of the Act shall, unless the Presidential Member otherwise directs, be in accordance with the approved form and shall be lodged in the Industrial Registry. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 40 Alterations of rules-lodgment of copies etc. 40. An association that has altered its rules in accordance with leave granted by a designated Presidential Member under section 190 of the Act shall: (a) within 35 days after altering its rules, lodge in the Industrial Registry 2 copies of the alterations accompanied by a written statement, signed by an officer of the association authorised to sign the statement, verifying the alterations; and (b) within 7 days after so lodging copies of the alterations in the Industrial Registry, serve a copy of the alterations on any objector who has lodged a notice of objection under regulation 36. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 41 Prescribed form-certificate of registration 41. For the purposes of subsection 191 (4) of the Act, the prescribed form for a certificate of registration is Form 2. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 42 Issue of copy certificates etc. 42. Before exercising his or her powers under subsection 191 (6) of the Act in relation to a certificate of registration, the Industrial Registrar must be satisfied that the certificate of registration has been defaced, lost or destroyed. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 43 Review of registration of small organisations 43. Where a designated Presidential Member is, in accordance with section 193 of the Act, considering, in relation to a small organisation (within the meaning of that section), whether special circumstances exist that justify the continued registration of the organisation in the public interest, the Presidential Member shall give an opportunity to the organisation, if it so wishes: (a) to make written submissions on any of the matters to be considered by the Presidential Member; and (b) to present oral arguments in support of any written submission. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 44 Elections for offices-exemption from requirement for postal ballot 44. (1) An application for an exemption from subsection 198 (1) of the Act shall: (a) be in writing; and (b) state the grounds upon which the exemption is sought. (2) An application by an organisation under paragraph 198 (6) (a) of the Act for revocation of an exemption shall: (a) be in writing; and (b) state the grounds upon which the revocation is sought. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 45 Prescriptions for purposes of paragraph 198(6)(b) and subsection 198 (7) of the Act 45. (1) For the purposes of paragraph 198(6)(b) of the Act, the Industrial Registrar shall, for the purpose of giving an organisation an opportunity to show cause why an exemption granted to the organisation should not be revoked: (a) fix a time and place at which the organisation may show cause: and (b) cause the organisation to be given, not less than 7 days before the time so fixed, a notice in writing: (i) containing particulars of the time and place so fixed by the Industrial Registrar; (ii) stating his or her reasons for the proposed revocation; and (iii) notifying the organisation of its right to be heard, and to make submissions in accordance with subregulation (2), to show cause why an exemption granted to the organisation should not be revoked. (2) An organisation may, for the purpose of showing cause in accordance with subregulation (1), make submissions to the Industrial Registrar by: (a) lodging in the Industrial Registry, not less than 2 days before the day fixed for the hearing, written submissions in relation to that determination; or (b) appearing at the hearing and making oral submissions to the Industrial Registrar; or both. (3) For the purposes of paragraph 198 (7) of the Act, the Industrial Registrar shall, for the purpose of giving an organisation an opportunity to be heard in relation to a proposal by the Industrial Registrar to determine certain alterations of the rules of the organisation in accordance with subsection 198 (7) of the Act: (a) fix a time and place at which the organisation may be so heard in relation to that proposed determination; (b) cause the organisation to be given, not less than 7 days before the time is fixed, a notice in writing: (i) containing particulars of the time and place so fixed by the Industrial Registrar; (ii) stating that, in relation to the revocation of an exemption granted to an organisation on a ground specified in paragraph 198 (6) (b) of the Act, the Industrial Registrar proposes to determine certain specified alterations of the rules of the organisation as being necessary to bring them into conformity with subsection 198 (1) of the Act; and (iii) notifying the organisation of its right to be heard and to make submission, in accordance with subregulation (4), in relation to that proposed determination. (4) In relation to the hearing referred to in subregulation (3), the organisation may make submissions to the Industrial Registrar by: (a) lodging in the Industrial Registry, not less that 2 days before the day fixed for the hearing, written submissions in relation to that determination; or (b) appearing at the hearing and making oral submissions to the Industrial Registrar; or both. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 46 Prescribed form - subsection 202(1) of the Act 46. For the purposes of subsection 202 (1) of the Act, the prescribed form is Form 3. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 47 Hearing in relation to alterations of rules - subsection 203(1) of the Act 47. (1) For the purposes of subsection 203 (1) of the Act, the Industrial Registrar shall, for the purpose of giving an organisation an opportunity to be heard on a matter: (a) fix a time and place for a hearing on the matter; and (b) cause the organisation to be given, not less than 7 days before the time so fixed, a notice in writing: (i) specifying the time and place fixed for the hearing on the matter; (ii) specifying the manner in which the rules of the organisation do not, in the Industrial Registrar's opinion, make a provision required by the Act or these Regulations; and (iii) notifying the organisation of its right to be heard on the matter and to make submission, in accordance with subregulation (2) relating to the matter. (2) In relation to the hearing on the matter referred to in subregulation (1), the organisation may make submissions relating to the matter to the Industrial Registrar by: (a) lodging in the Industrial Registry, not less than 2 days before the day fixed for the hearing, written submissions relating to the matter; or (b) appearing at the hearing and making oral submissions to the Industrial Registrar; or both. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 48 Consent to change of name etc.-application 48. (1) An organisation may apply in the approved form for consent to be given under subsection 204 (1) of the Act. (2) An application under subregulation (1) shall be made by lodging the application, sealed or signed in accordance with subregulation (3), in the Industrial Registry accompanied by a written statement: (a) signed: (i) where the application is under the seal of an organisation-by an officer of the organisation authorised to sign the statement; and (ii) in any other case-by one of the officers who signed the application; and (b) stating: (i) that the change or alteration, as set out in the application, in relation to which consent is sought is to the best of the signatory's knowledge and belief true and correct; (ii) that the change or alteration was made in accordance with the rules of the organisation; and (iii) the manner in which compliance with those rules was attained. (3) An application under subregulation (1) shall be sealed with the common seal of the organisation or be signed by 2 officers of the organisation who are authorised by the organisation to sign the application. (4) Applications under subregulation (1) shall be dealt with, as far as practicable, in the order in which they are lodged in the Industrial Registry. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 49 Notification of application for consent to change of name etc. 49. (1) Where an application has been made under subregulation 48 (1), the Industrial Registrar shall cause: (a) a notice of the receipt of the application to be published in the Gazette; and (b) a copy of the notice so published to be forwarded to each registered organisation as soon as practicable after that publication. (2) The notice published under paragraph (1) (a) shall set out such information concerning the nature and effect of the proposed change or alteration as is contained in the application to which the notice relates. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 50 Withdrawal of application for consent to change of name etc. 50. (1) An organisation that seeks to withdraw an application made by the organisation under subregulation 48 (1) may, at any time before the application is determined by the designated Presidential Member, lodge in the Industrial Registry a notice of withdrawal accompanied by a written statement signed by an officer of the applicant organisation authorised to sign the statement setting out particulars establishing that the decision to withdraw the application was made in accordance with the rules of the organisation. (2) The Industrial Registrar shall cause a notice of withdrawal lodged in accordance with this regulation to be published in the Gazette. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 51 Change of name or alteration of eligibility rules of organisation-objections 51. (1) Any interested organisation, association or person may, not later than 35 days after a notice of the receipt of an application under subregulation 48 (1) (in this regulation called the "original application") has been published in the Gazette, lodge in the Industrial Registry a notice of objection to the change of name, or the alteration of the eligibility rules, to which the original application relates. (2) The notice of objection shall set out: (a) the grounds on which the change of the name, or the alteration of the eligibility rules, of the organisation is objected to; and (b) particulars of each ground of objection. (3) A notice of objection shall: (a) if it is lodged by an organisation-be under the seal of the organisation or be signed by 2 persons authorised by the organisation to sign that notice; (b) if it is lodged by an association-be signed by 2 persons authorised by the association to sign that notice; or (c) if it is lodged by a person-be signed by that person. (4) A notice of objection shall be accompanied by a written statement: (a) setting out briefly the facts upon which the objector relies in respect of each ground of objection; and (b) signed: (i) where the notice of objection is under the seal of an organisation-by an officer of the organisation authorised by the organisation to sign the statement; (ii) where the notice of objection is lodged by a person-by that person; and (iii) in any other case-by one of the persons authorised to sign the notice. (5) An objector shall be restricted to the grounds specified in the notice of objection unless the designated Presidential Member hearing the original application, on a further application made and for reasons shown by the objector, otherwise permits. (6) Within 7 days after a notice of objection is lodged in the Industrial Registry, the objector shall serve a copy of the notice and of the written statement accompanying it on the organisation that lodged the original application. (7) An organisation: (a) may, not later than 14 days after service on it under subregulation (6) of a copy of the notice of objection, lodge in the Industrial Registry, in answer to the objection, a written statement signed by an officer of the organisation authorised to sign the statement; and (b) shall, not later than 7 days after lodging a written statement under paragraph (a), serve a copy of that statement on the objector. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 52 Change of name etc.-hearing of application for consent 52. (1) The designated Presidential Member dealing with an application under subregulation 48 (1) shall not: (a) refuse to grant it without giving the applicant an opportunity to be heard; or (b) grant it without giving any objector who has complied with regulation 51 (in this regulation called an "objector") an opportunity to be heard. (2) The designated Presidential Member shall, for the purpose of giving the applicant and any objector an opportunity to be heard, fix a time and place for a hearing and shall cause the applicant and any objector to be notified of the time and place so fixed. (3) The designated Presidential Member may, at the time and place fixed for the hearing, give directions as to the manner in which the hearing is to proceed and may: (a) determine the matter without further delay; (b) adjourn the proceedings to a later day; or (c) with the agreement of the applicant and any objector, determine the matter on a later day without a further hearing. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 53 Alteration of other rules of organisations 53. (1) For the purposes of subsection 205 (1) of the Act, where an alteration of the rules (other than the eligibility rules) of an organisation has been made, the organisation shall, within 35 days after the alteration was made, or such further period as a Registrar allows, lodge in the Industrial Registry a notice setting out the particulars of the alteration. (2) The notice shall be accompanied by: (a) a written statement, signed by an officer of the organisation authorised to sign the notice, stating: (i) that the particulars set out in the notice are correct; (ii) that the alteration was made in accordance with the rules of the organisation; and (iii) the manner in which compliance with those rules was attained; and (b) a copy of the notice and of the written statement. (3) A Registrar may refuse to certify an alteration of the rules under subsection 205 (1) of the Act unless this regulation is complied with. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 54 Hearing in relation to rules contravening section 196 of the Act 54. (1) For the purposes of subsection 208 (6) of the Act, the appropriate authority shall, for the purpose of giving an organisation an opportunity to be heard on a matter: (a) fix a time and place for a hearing on the matter; and (b) cause the organisation to be given, not less than 7 days before the time so fixed, a notice in writing; (i) identifying the matter; (ii) specifying the time and place fixed for the hearing on the matter; and (iii) notifying the organisation of its right to appear before the appropriate authority and to make submissions, in accordance with subregulation (2), relating to the matter. (2) In relation to the hearing on the matter referred to in subregulation (1), the organisation may make submissions relating to the matter to the appropriate authority by: (a) lodging in the Industrial Registry, not less than 2 days before the day fixed for the hearing on the matter, written submissions relating to the matter; or (b) appearing at the hearing on the matter and making oral submissions to the appropriate authority; or both. (3) In this regulation, "appropriate authority" has the same meaning as in subsection 208 (11) of the Act. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 55 Application for organisation or branch to conduct its elections 55. (1) An application under subsection 211 (1) of the Act for an exemption from subsection 210 (1) of the Act shall: (a) be in writing signed by a member of the committee of management; and (b) state the grounds upon which the exemption is sought. (2) For the purposes of paragraph 211 (2) (b) of the Act, a member of an organisation or branch is notified of the making of a resolution if: (a) the member is furnished with a copy of the resolution; or (b) where the organisation or branch publishes a journal that is circulated among its members-a notice of the making of the resolution is published in the journal. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 56 Publication of notice for purposes of subsection 211 (4) of the Act 56. A notice that is to be published in accordance with subsection 211 (4) of the Act, in relation to an application for an organisation to be exempted from subsection 210 (1) of the Act, shall be published (not later than 21 days after lodgment in the Industrial Registry of the application) in a newspaper or newspapers circulating in each State or Territory specified in any address shown in the organisation's register of members (kept in accordance with subsection 268 (1) of the Act) as being the postal address of a member. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 57 Objections to application to conduct elections 57. (1) An objection under subsection 212 (1) of the Act to an application under subsection 211 (1) of the Act shall be made by lodging in the Industrial Registry, not later than 28 days after the publication of the notice under subsection 211 (4) of the Act: (a) a written notice of objection stating the grounds for objecting to the application; and (b) a written statement signed by the objector setting out the facts on which he or she relies to support the objection. (2) Not later than 7 days after a notice of objection to an application is lodged in the Industrial Registry, the objector shall serve a copy of the notice and of the written statement accompanying it on the applicant. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 58 Answer to objections 58. An applicant: (a) may, within 14 days after service on it of a notice of objection in accordance with subregulation 57 (2), lodge in the Industrial Registry in answer to the objection a written statement signed by a member of the committee of management making the application; and (b) shall, within 7 days after a written statement has been so lodged, serve a copy of the statement on the objector. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 59 Hearing of application to conduct elections 59. (1) The Registrar by whom the matter is to be heard shall fix a time and place for hearing the application and any objection and shall cause the applicant and any objector to be notified of the time and place so fixed. (2) At the hearing, the Registrar shall hear the applicant and any objector if they are present and desire to be heard and, subject to the Act and these Regulations, shall decide the matter. (3) The Registrar may permit the applicant and any objector to call oral evidence. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 60 Revocation of exemption allowing an organisation or branch to conduct its elections 60. (1) An application by the committee of management of an organisation or branch under subsection 213 (2) of the Act for revocation of an exemption shall be: (a) in writing; and (b) accompanied by a written statement signed by a member of the committee of management stating that the committee of management has resolved to make such an application. (2) For the purposes of paragraph 213 (2) (b) of the Act, the Registrar, for the purpose of giving an organisation or branch an opportunity to show cause why an exemption granted to the organisation or branch should not be revoked, shall: (a) fix a time and place at which the organisation or branch may show cause; and (b) give the organisation or branch a notice in writing containing particulars of the time and place so fixed by the Registrar, together with a statement of his or her reasons for the proposed revocation. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 61 Prescribed information in respect of election-subsection 214 (1) of the Act 61. (1) For the purposes of subsection 214 (1) of the Act, the following information is prescribed information: (a) the name of each office in respect of which an election is required; (b) the reason for the election, being: (i) that the term of the office has expired; or (ii) that there is a casual vacancy in the office; (c) where more than one of the offices in respect of which an election is required has the same name and the number of such offices can, in accordance with the rules of the relevant organisation or branch, be ascertained before the prescribed day-the number of those offices; (d) where the electorate comprises only members of a branch, section or other division of an organisation-the name of that branch, section or division, as the case may be; (e) the date and time of the commencement and expiration of the period during which nominations of candidates will be called for or may be made under the rules of the organisation or branch in respect of the election; (f) the voting system to be employed in the conduct of the election, being: (i) a direct voting system; or (ii) a collegiate electoral system. (2) The prescribed information lodged in accordance with subsection 214 (1) of the Act shall be accompanied by a statement signed by an officer of the organisation or branch lodging the information who is authorised to sign the statement to the effect that the information is being lodged in accordance with subsection 214 (1) of the Act. (3) For the purposes of subsection 214 (1) of the Act, the prescribed day is the day occurring 2 months before the first day on which a person may, under the rules of the organisation or branch, become a candidate in an election. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 62 Application for inquiry into election 62. (1) An application under section 218 of the Act for an inquiry into an election may be made: (a) at any time before; or (b) not later than 6 months after; the day on which the result of the election is declared. (2) An application referred to in subregulation (1) shall be in accordance with Form 4 and shall be accompanied by a statutory declaration made by the applicant verifying the facts set out in the application. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 63 Interpretation 63. (1) In this Division, unless the contrary intention appears: "applicant", in relation to a proposed amalgamation, means an organisation or association that is a party to an application under section 235 of the Act in respect of the proposed amalgamation; "ballot" means a ballot referred to in subsection 243 (1) or (2) of the Act; "closing day", in relation to a ballot, means the day fixed as the closing day of the ballot under subsection 244 (1) of the Act; "commencing day", in relation to a ballot, means the day fixed as the commencing day of the ballot under subsection 244 (1) of the Act; "double ballot paper" means a piece of paper that sets out, where 2 ballots of the members of an organisation are being conducted at the same time under subsection 243 (2) of the Act, the ballot papers for both ballots; "inquiry" means an inquiry in accordance with section 247 of the Act into alleged irregularities in relation to a ballot. (2) Expressions used in this Division that are defined in section 233 of the Act have the same meaning as they have in Division 7 of Part IX of the Act. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 64 Application under section 235 of the Act 64. An application under section 235 of the Act in respect of a proposed amalgamation shall: (a) be in writing signed by 2 officers of each applicant, being officers authorised to sign the application; (b) if the proposed amalgamation or a proposed alternative amalgamation (if any) involves the registration of an association-be accompanied by: (i) a copy of each of the documents referred to in subparagraphs 33 (1) (c) (i), (ii), (iii), (iv) and (v); and (ii) a statutory declaration made by 2 or more officers of the association verifying each copy; and (c) specify one of the applicant organisations as being authorised to receive, on behalf of the applicants, service of documents in connection with the proposed amalgamation and, where the scheme for the proposed amalgamation contains an alternative provision, each proposed alternative amalgamation. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 65 Prescribed particulars of schemes for proposed amalgamation-subsection 235 (2) of the Act 65. For the purposes of subsection 235 (2) of the Act, in relation to a scheme for a proposed amalgamation, the following particulars of the amalgamation are prescribed: (a) a general statement of the nature of the amalgamation, identifying the existing organisations concerned and indicating: (i) if one of the existing organisations is to become the proposed amalgamated organisation-that fact; (ii) if an association proposed to be registered as an organisation pursuant to the amalgamation is to be the proposed amalgamated organisation-that fact and the name of the association; and (iii) the proposed de-registering organisation or organisations; (b) if it is proposed to change the name of an organisation-a statement of the proposed change; (c) if it is proposed to alter the eligibility rules of an organisation-a statement of the proposed alterations; (d) if an association is to be registered as an organisation-the eligibility rules of the association; (e) a statement that the members of the proposed de-registering organisation or organisations are to become, upon the coming into force of the amalgamation, without payment of an entrance fee, members of the proposed amalgamated organisation; and (f) a statement of the proposed arrangements under which: (i) property of the proposed de-registering organisation or organisations is to become the property of the proposed amalgamated organisation; and (ii) liabilities of the proposed de-registering organisation or organisations are to be satisfied by the proposed amalgamated organisation. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 66 Notification of right to make objection-subsection 240 (6) of the Act 66. For the purposes of subsection 240 (6) of the Act, a notice of the making of an application, under subsection 235 (1) of the Act, for approval for the submission of the proposed amalgamation to ballot shall: (a) notify the persons prescribed for the purposes of subsection 241 (3) of the Act of their right to object to any proposed amalgamation to which a scheme included in the application relates; and (b) specify the ground or grounds, being a ground or grounds prescribed for the purposes of subsection 241 (3) of the Act, on which such an objection may be made. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 67 Prescribed persons-subsection 241 (3) of the Act 67. For the purposes of subsection 241 (3) of the Act, any person or organisation that is interested in a proposed amalgamation is a prescribed person in relation to an objection to the amalgamation. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 68 Prescribed grounds-subsection 241 (3) of the Act 68. For the purposes of subsection 241 (3) of the Act, each of the following grounds is a prescribed ground in relation to an objection to a proposed amalgamation: (a) where the amalgamation involves the registration of an association as an organisation: (i) that the registration of the association would not further the objects of the Act; (ii) that there is an organisation to which the members of the association may conveniently belong; (iii) that the name of the association is the same as that of an organisation or is so similar to the name of an organisation as to be likely to cause confusion; (iv) that the association is not a genuine association of a kind referred to in section 188 of the Act; (v) that the association does not comply or, if the amalgamation takes effect, will not comply with the requirements for registration under the Act; (b) where the proposed amalgamation involves a change in the name of an organisation-that the proposed new name of the organisation is the same as that of another organisation or is so similar to the name of another organisation as to be likely to cause confusion; (c) where the proposed amalgamation involves a widening of the eligibility rules of any existing organisation-that there is another organisation to which the potential members of the amalgamating organisations, who would be ineligible to join any of the amalgamating organisations if the rules of those organisations were not widened, might conveniently belong. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 69 Manner of making objections-section 241 of the Act 69. (1) An objection made under section 241 of the Act in relation to an amalgamation shall be made by lodging in the Industrial Registry, within the time prescribed for the purposes of subsection 242 (1) of the Act, a notice of objection to the proposed amalgamation: (a) showing the name and address of the person making the objection; and (b) specifying the grounds of the objection and particulars of those grounds. (2) Where an organisation lodges a notice of objection under subregulation (1), the notice shall be under the seal of the organisation or be signed by 2 officers of the organisation authorised by the organisation to sign the notice. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 70 Evidence in support of objections 70. A person lodging a notice of objection under regulation 69 shall lodge with the notice a written statement signed by that person setting out the facts upon which the person relies. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 71 Prescribed time-subsection 242 (1) of the Act 71. For the purposes of subsection 242 (1) of the Act, the prescribed time allowed for the making of objections is 35 days after the publication in accordance with paragraph 240 (2) (b) of the Act of notice of the making of an application under section 235 of the Act. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 72 Service of notice of objection 72. A person who has lodged a notice of objection under regulation 69 shall, not later than 7 days after the lodging of the notice, serve on the applicants a copy of the notice and of the written statement accompanying it. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 73 Evidence in reply 73. (1) Not later than 14 days after a copy of a notice of objection has been served on the applicants, the applicants may jointly lodge in the Industrial Registry a written statement signed by an officer of each applicant organisation and any applicant association, being an officer authorised to sign the statement, setting out the facts relied on in answer to the objection. (2) Applicants who have lodged, under subregulation (1), a written statement relating to a notice of objection shall, not later than 7 days after the lodging of the statement, serve a copy of the statement on the objector. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 74 Notice of hearing of objections 74. (1) The designated Presidential Member dealing with an application under section 235 of the Act: (a) shall fix a time and place for the hearing of any objection duly made to a proposed amalgamation; and (b) shall serve notice of that time and place on the applicants and on each objector. (2) The Presidential Member, in fixing a time under subregulation (1), shall have regard to regulations 72 and 73. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 75 Hearing of objections-subsection 241 (4) of the Act 75. At the hearing of an objection to a proposed amalgamation, the designated Presidential Member hearing the objection may permit oral evidence to be given. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 76 Applicant to be heard 76. The designated Presidential Member dealing with an application under section 235 of the Act shall not refuse to give an approval under section 242 of the Act in respect of an amalgamation without giving the applicants for the approval an opportunity to be heard. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 77 Manner of withdrawal of application made under section 235 of the Act 77. (1) In relation to an application made under section 235 of the Act, the applicants acting jointly, or any of the applicants acting individually, that seek to withdraw the application, or that seek to withdraw from the application, as the case may be, may, at any time before the designated Presidential Member approves the submission of the amalgamation to ballot, lodge in the Industrial Registry a notice of withdrawal of, or from, the application, as the case requires. (2) A notice of withdrawal shall be accompanied by a statutory declaration, in respect of each applicant lodging the notice, made, on behalf of each such applicant, by 2 or more officers of the applicant, to the effect that the committee of management of the applicant in respect of which the statutory declaration is being made has passed a resolution in favour of withdrawing the application or withdrawing from the application, as the case may be. (3) Where an application under section 235 of the Act is withdrawn after publication in the Gazette of the notice referred to in paragraph 240 (2) (b) of the Act or where an applicant withdraws from the application after such publication, the Industrial Registrar shall cause a notice of the withdrawal to be published in the Gazette. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 78 Service of documents 78. In an application under section 235 of the Act in respect of a proposed amalgamation, a document that is served on the applicant organisation specified in accordance with paragraph 64 (c), being a document in connection with the proposed amalgamation or a proposed alternative amalgamation (if any), shall be deemed to have been served on all the applicants. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 79 Prescribed matters-subsection 238 (2) of the Act 79. For the purposes of subsection 238 (2) of the Act, the following matters are prescribed: (a) any proposed alteration in the name of an existing organisation concerned in the proposed amalgamation; (b) any proposed alterations of the eligibility rules of an existing organisation concerned in the proposed amalgamation. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 80 Roll of voters-preparation 80. The roll of voters for a ballot of the members of an organisation shall: (a) be prepared at the direction of the person conducting the ballot; (b) set out opposite to the name of each person on the roll the postal address of that person; and (c) be completed not later than 14 days before the commencing day of the ballot. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 81 Roll of voters-inspection etc. 81. (1) A person conducting a ballot of the members of an organisation shall, during the prescribed period in relation to the ballot, cause the roll of voters for the ballot to be available for inspection in accordance with subregulation (2) at all convenient times during ordinary hours of business, at the place at which the person carries out his or her duties in relation to the ballot. (2) A member of the organisation or any other person so authorised by the person conducting the ballot shall be entitled to: (a) inspect the roll of voters for the ballot; and (b) take copies of the roll or of parts of the roll; at times and place referred to in subregulation (1). (3) In subregulation (1), "prescribed period", in relation to a ballot, means the period that commences on the day immediately following the day on which the preparation in accordance with regulation 80 of the roll of voters for the ballot is completed and ends 30 days after the declaration of the result of the ballot. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 82 Form and publication of notice of ballot 82. (1) A notice referred to in paragraph 244 (1) (b) of the Act shall: (a) if the ballot is in respect of a proposed amalgamation-be in accordance with Form 5; or (b) if the ballot is on the question of a proposed alternative amalgamation-be in accordance with Form 6. (2) A notice referred to in subregulation (1) in relation to a ballot shall, in addition to being published in the Gazette in accordance with paragraph 244 (1) (b) of the Act, be published in a newspaper or newspapers circulating in each State or Territory specified in any address shown in the organisations's register of members, kept in accordance with subsection 268 (1) of the Act, as being the postal address of a member. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 83 Secrecy of ballot 83. (1) Subject to these Regulations, the person conducting a ballot of members of an organisation may take such action, and give such directions, as he or she considers necessary for ensuring the secrecy of the ballot or for ensuring that no irregularities occur in connection with the ballot. (2) A person who, withour resonable excuse, refuses or fails to comply with a direction given to him or her under subregulation (1) is guilty of an offence punishable, on conviction: (a) in the case of a natural person-by a fine not exceeding $500; or (b) in the case of a body corporate-by a fine not exceeding $1000. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 84 Ballot papers-Form 84. (1) Where the scheme for a proposed amalgamation does not contain an alternative provision, the ballot papers for use in a ballot of the members of an organisation in respect of the proposed amalgamation shall: (a) if the organisation makes an election under subregulation (3)-be in accordance with Form 7; or (b) in any other case-be in accordance with Form 8. (2) Where the scheme for a proposed amalgamation contains an alternative provision, the ballot papers for use in the ballots of the members of an organisation in respect of the proposed amalgamation shall; (a) if the organisation makes an election under subregulation (4)-be in accordance with Form 9; or (b) in any other case-be in accordance with Form 10. (3) An organisation concerned in a proposed amalgamation the scheme of which does not contain an alternative provision may elect to have ballot papers in accordance with Form 7 used in a ballot of its members in respect of the proposed amalgamation. (4) An organisation concerned in a proposed amalgamation the scheme of which contains an alternative provision may elect to have ballot papers in accordance with Form 9 used in a ballot of its members in respect of the proposed amalgamation. (5) An election under subregulation (3) or (4) by an organisation in relation to a ballot shall be made, in writing, by or on behalf of the committee of management of the organisation and given to the person conducting the ballot not less than 2 months before the commencing day of the ballot. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 85 Ballot papers-dispatch 85. The person conducting a ballot or ballots of the members of an organisation shall, as soon as practicable but not earlier than 2 days before the commencing day of the ballot or ballots, forward, by posting by pre-paid post, to each person whose name is on the roll of voters for the ballot or ballots, a sealed envelope, addressed to the postal address of the person shown on the roll of voters, that contains: (a) one ballot paper for the ballot bearing the initials, or a facsimile of the initials, of the person conducting the ballot or, where 2 ballots of the members of the organisation are being conducted at the same time under subsection 243 (2) of the Act, a double ballot paper bearing the initials, or a facsimile of the initials, of the person conducting the ballot; (b) any document required under the Act to accompany the ballot paper or ballot papers; (c) any other material that, in the opinion of the person conducting the ballot or ballots, is relevant to the ballot or either of the ballots; and (d) an envelope addressed to the person conducting the ballot or ballots, being an envelope that may be posted without expense to the voter. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 86 Duplicate ballot papers etc. 86. (1) Where, upon application made on or before the closing day of a ballot, the person conducting the ballot is satisfied that a ballot paper, double ballot paper, return envelope or document required to accompany a ballot paper or ballot papers that was posted to a person for the purposes of the ballot has not been received by that person, or has been lost, destroyed or spoilt, the person conducting the ballot shall issue to that person a duplicate ballot paper or double ballot paper, another return envelope, or another copy of that document, as the case may be. (2) An application under subregulation (1) in relation to any matter that was posted to a person for the purposes of a ballot shall: (a) be in writing; (b) set out the grounds on which the application is made; (c) contain a declaration to the effect that the person has not voted at the ballot; and (d) be accompanied, if practicable, by any evidence that is available of the non-receipt, loss, destruction or spoiling of the matter. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 87 Manner of voting 87. (1) A person entitled to vote at a ballot of the members of an organisation in respect of a proposed amalgamation shall record his or her vote on a ballot paper for that ballot in the following manner: (a) where the organisation has made an election under subregulation 84 (3) or (4) in relation to the ballot: (i) if the person approves the amalgamation-by placing a tick or cross in the space provided beside the word "YES" opposite the question printed on the ballot paper; or (ii) if the person does not approve the amalgamation-by placing a tick or a cross in the space provided beside the word "NO" opposite the question printed on the ballot paper; (b) in any other case: (i) if the person approves the amalgamation-by writing legibly "YES" in the space provided opposite the question printed on the ballot paper; or (ii) if the person does not approve the amalgamation-by writing legibly "NO" in the space provided opposite the question printed on the ballot paper. (2) After a person has recorded his or her vote at a ballot of the members of an organisation, or his or her votes where 2 such ballots are conducted at the same time in accordance with subsection 243 (2) of the Act, the person shall: (a) ensure that the ballot paper or double ballot paper, as the case may be, does not contain any mark or writing by which the person may be identified; (b) fold the ballot paper or double ballot paper in such a manner as to conceal the way in which he or she has voted; (c) place the ballot paper or double ballot paper in the return envelope supplied for the purpose and seal that envelope; and (d) post that envelope so that it may reach the person conducting the ballot or ballots on or before the closing day of the ballot or ballots. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 88 Custody of envelopes containing ballot papers 88. (1) The person conducting a ballot or ballots of the members of an organisation shall, on or before the closing day of the ballot or ballots: (a) place unopened into a container or containers envelopes received by him or her on or before the closing day that purport to contain ballot papers relating to the ballot or ballots; (b) seal the container or each of the containers; and (c) endorse on the sealed container or each of the sealed containers: (i) the name of the organisation or any code by which the container may be identified as containing the ballot papers of the members of the organisation; (ii) the words "Amalgamation ballot (or ballots)-ballot papers received from voters on or before closing day"; (iii) his or her signature; and (iv) the date of signing; and shall keep the container or each of the containers in safe custody until a scrutiny is conducted in accordance with regulation 89. (2) Where, after the closing day of a ballot or ballots of the members of an organisation, the person conducting the ballot or ballots receives envelopes that purport to contain ballot papers relating to the ballot or ballots, he or she shall: (a) place unopened into a container or containers all envelopes so received; (b) seal the container or each of the containers; (c) endorse on the sealed container or each of the sealed containers: (i) the name of the organisation or the code referred to in subparagraph (1) (c) (i) in relation to the organisation; (ii) the words "Amalgamation ballot (or ballots)-ballot papers received from voters after closing day"; (iii) his or her signature; and (iv) the date of signing; and (d) keep the container or each of the containers in safe custody. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 89 Scrutiny 89. (1) The person conducting a ballot or ballots of the members of an organisation shall ascertain the result of the ballot or ballots by conducting a scrutiny in accordance with this regulation. (2) The person conducting a ballot or ballots of the members of an organisation shall, as soon as practicable after the closing day of the ballot or ballots: (a) open the sealed container or containers referred to in subregulation 88 (1) in relation to the ballot or ballots and withdraw from the envelopes in the container or containers the ballot papers found in the envelopes; (b) reject: (i) in the case of a ballot in respect of a proposed amalgamation the scheme for which does not contain an alternative provision-each ballot paper that is informal; or (ii) in the case of ballots conducted at the same time in accordance with subsection 243 (2) of the Act in respect of a proposed amalgamation the scheme for which contains an alternative provision-each ballot paper not relating to the alternative provision (in this regulation called the "first ballot paper") that is informal; (c) admit as formal: (i) in the case of a ballot referred to in subparagraph (b) (i)-those ballot papers not rejected as informal; or (ii) in the case of a ballot referred to in subparagraph (b) (ii)-those first ballot papers not rejected as informal; (d) arrange in separate parcels: (i) in the case of a ballot referred to in subparagraph (b) (i): (A) the ballot papers admitted as formal on which are recorded votes that approve the proposed amalgamation; and (B) the ballot papers admitted as formal on which are recorded votes that do not approve the proposed amalgamation; or (ii) in the case of ballots referred to in subparagraph (b) (ii): (A) the double ballot papers containing first ballot papers admitted as formal on which are recorded votes that approve the proposed amalgamation; and (B) the double ballot papers containing first ballot papers admitted as formal on which are recorded votes that do not approve the proposed amalgamation; (e) count, and record the number of, the formal votes in favour, and the formal votes not in favour, of the proposed amalgamation recorded in the ballot papers arranged in parcels in accordance with paragraph (d); (f) place into a container or containers the separate parcels of ballot papers referred to in subparagraph (d) (i) or the separate parcels of double ballot papers referred to in subparagraph (d) (ii), as the case may be, seal the container or each of the containers and endorse on the container or each of the containers: (i) the name of the organisation; (ii) the words "Ballot in respect of proposed amalgamation-ballot papers admitted as formal"; (iii) his or her signature; and (iv) the date of signing; and (g) count, record the number of and place into a container or containers, the ballot papers that have been rejected as informal or the double ballot papers containing first ballot papers that have been rejected as informal, as the case may be, seal the container or each of the containers and endorse on the sealed container or each of the sealed containers: (i) the name of the organisation; (ii) the words "Ballot in respect of proposed amalgamation-ballot papers rejected as informal"; (iii) his or her signature; and (iv) the date of signing. (3) Where ballots of the members of an organisation have been conducted in accordance with subsection 243 (2) of the Act, the person conducting the ballots shall, if and when he or she is satisfied that the result of the ballot conducted on the question of the proposed alternative amalgamation will be required to be known for the purposes of the Act: (a) open the sealed container or containers referred to in paragraph (2) (f) in relation to the ballots, remove from the container or containers the parcel or parcels made up of double ballot papers containing first ballot papers on which are recorded a formal vote in favour of the proposed amalgamation and reseal the container or containers; (b) reject from the double ballot papers referred to in paragraph (a) each paper containing a ballot paper on the question of a proposed alternative amalgamation (in this subregulation referred to as a "second ballot paper") that is informal; (c) admit as formal the second ballot papers not rejected as informal; (d) count, and record the number of, the formal votes in favour, and the formal votes not in favour, of the question of a proposed alternative amalgamation; (e) place into a container or containers the double ballot papers containing second ballot papers admitted as formal, seal the container or each of the containers and endorse on the sealed container or each of the sealed containers: (i) the name of the organisation; (ii) the words "Ballot on the question of a proposed alternative amalgamation-ballot papers admitted as formal"; (iii) his or her signature; and (iv) the date of signing; and (f) count, and place into a container or containers, the double ballot papers containing second ballot papers that have been rejected as informal, seal the container or each of the containers and endorse on the sealed container or each of the sealed containers: (i) the name of the organisation; (ii) the words "Ballot on the question of a proposed alternative amalgamation-ballot papers rejected as informal"; (iii) his or her signature; and (iv) the date of signing. (4) For the purposes of this regulation, a ballot paper is informal only if: (a) the ballot paper, or the paper containing the ballot paper, does not bear the initials, or a facsimile of the initials, of the person conducting the ballot; (b) the ballot paper, or the paper containing the ballot paper, has upon it a mark or writing by which the voter can be identified; or (c) the ballot paper is so imperfectly marked that the intention of the voter is not clear. (5) Where, during a scrutiny under this regulation in relation to a ballot, the person conducting the ballot is informed by a scrutineer referred to in regulation 90 that the scrutineer objects to a ballot paper being admitted as formal or rejected as informal, as the case may be, the person conducting the ballot shall decide whether the ballot paper is to be admitted as formal or rejected as informal and shall endorse that decision on the back of the ballot paper. (6) Where, during a scrutiny under this regulation in relation to a ballot, the person conducting the ballot is informed by a scrutineer referred to in regulation 90 that the scrutineer considers that an error has been made in the conduct of the scrutiny, the person conducting the ballot shall decide whether such an error has been made and, where he or she decides that an error has been made, shall direct what action, if any, shall be taken to correct the error. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 90 Scrutineers 90. (1) The committee of management of an organisation may, in relation to a ballot of the members of the organisation in respect of a proposed amalgamation, by instrument appoint 2 members of the organisation to be scrutineers to safeguard the interests of members who vote to approve the amalgamation. (2) An instrument referred to in subregulation (1) shall be signed on behalf of the committee of management by 2 members of the committee, being members authorised to sign the instrument. (3) Where members of an organisation concerned in a proposed amalgamation have, under paragraph 244 (3) (b) of the Act, delivered to the Industrial Registrar a written statement in opposition to the proposed amalgamation or, if the scheme for that amalgamation contains an alternative provision, to the proposed amalgamation or any proposed alternative amalgamation, the person conducting a ballot of the members of the organisation in respect of the amalgamation shall allow 2 persons, being persons that appear to him or her to represent the first-mentioned members of the organisation, to be scrutineers in relation to the ballot to safeguard the interests of members who vote to disapprove the amalgamation. (4) Subject to subregulation (6), a scrutineer in relation to a ballot may: (a) be present while the person conducting the ballot carries out the scrutiny in respect of the ballot; (b) if he or she objects to a decision that a ballot paper is formal or informal, as the case may be, inform the person conducting the ballot accordingly; and (c) if he or she considers that an error has been made in the conduct of the scrutiny, inform the person conducting the ballot accordingly. (5) Where a scrutineer interrupts the scrutiny in respect of a ballot otherwise than for the purpose of performing a function referred to in subregulation (4), the person conducting the ballot may direct the scrutineer to leave the place where the scrutiny is being conducted. (6) A scrutineer in relation to a ballot shall comply with a direction given to him or her under subregulation (5). Penalty: $500. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 91 Certificate showing particulars of the ballot 91. (1) Not later than 21 days after the closing day of a ballot, the person conducting the ballot shall prepare, date and sign a certificate showing, in relation to the ballot: (a) the total number of persons on the roll of voters; (b) the total number of envelopes containing ballot papers posted, in accordance with regulation 85, to persons entitled to vote at the ballot, being envelopes that were not received by those persons in the ordinary course of the post and were returned to the person conducting the ballot; (c) the total number of ballot papers received by him or her before the closing day of the ballot; (d) the total number of votes in favour of the question set out on the ballot paper; (e) the total number of votes not in favour of the question set out on the ballot paper; and (f) the total number of informal ballot papers. (2) Subregulation (1) does not apply in relation to a ballot that was required to be conducted under subsection 243 (2) of the Act, where the person conducting the ballot was not, by virtue of subsection 243 (4) of the Act, required to count the votes in that ballot. (3) Immediately after signing a certificate referred to in subregulation (1) in relation to a ballot, the person conducting the ballot shall: (a) forward a copy of the certificate to each of the organisations concerned in the proposed amalgamation for the purposes of which the ballot was conducted; and (b) forward the certificate to the Industrial Registrar. (4) The date shown on a certificate referred to in subregulation (1) in relation to a ballot shall, for the purposes of the Act and these Regulations, be deemed to be the date of the declaration of the result of the ballot. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 92 Preservation of ballot papers etc. 92. The person conducting a ballot shall retain all ballot papers and documents relating to the ballot: (a) except where paragraph (b) applies-until the expiration of the period within which applications may be made under section 247 of the Act for inquiries by the Court in respect of the ballot; or (b) where an application referred to in paragraph (a) has been made in relation to the ballot-until the Court has disposed of the application. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 93 Inquiry into ballot irregularity-application 93. (1) For the purposes of subsection 247 (1) of the Act, an application to the Court under subsection 247 (1) for an inquiry by the Court shall be: (a) in accordance with Form 11; and (b) accompanied by a statutory declaration made by the applicant verifying the facts set out in the application. (2) For the purposes of this Division, an inquiry in relation to a ballot shall be taken to have been instituted upon the lodging of an application in accordance with subregulation (1). 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 94 Inquiry into ballot irregularity-directions as to hearing 94. Where an inquiry in relation to a ballot has been instituted, the Court shall fix a time and place for conducting the inquiry and may give such directions as it thinks necessary to ensure that all persons who are or may be entitled to appear or be represented at the inquiry are notifed of the time and place so fixed. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 95 Inquiry into ballot irregularity-inspection of ballot papers etc. 95. The Court may, at any time after an inquiry in relation to a ballot has been instituted, authorise any person to inspect rolls of voters, ballot papers or other documents that have been used in connection with, or are relevant to, the ballot. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 96 Inquiry into ballot irregularity-procedure at hearing 96. (1) The Court may allow any person to appear or be represented at an inquiry and that person shall be deemed to be a party to the proceedings. (2) At an inquiry: (a) the procedure of the Court is, subject to the Act and these Regulations, within the discretion of the Court; and (b) the Court is not bound to act in a formal manner and is not bound by any rules of evidence but may inform itself of any matter in such manner as it thinks fit. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 97 Inquiry into ballot irregularity-interim orders in case of uncompleted ballot 97. (1) At any time after an inquiry in relation to a ballot has been instituted and before the Court finds whether there has been an irregularity that may have affected, or may affect, the result of the ballot the Court may, if it thinks fit, in the case of an uncompleted ballot: (a) order that no further steps shall be taken in the conduct of the ballot; (b) make any order incidental or supplementary to an order under paragraph (a); and (c) vary or discharge an order under paragraph (a) or (b). (2) An order under subregulation (1), unless sooner discharged or expressed to operate for a period that expires before the conclusion of the inquiry, shall continue in force until the conclusion of the inquiry. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 98 Offences 98. A person shall not wilfully: (a) hinder or obstruct a person carrying out an inspection authorised under regulation 95; or (b) refuse or fail to comply with an order of the Court under regulation 97. Penalty: (c) in the case of a natural person-$500; or (d) in the case of a body corporate-$1,000. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 99 Conscientious objection-issue of certificates 99. (1) An application for the purposes of subsection 267 (1) of the Act shall be in writing in accordance with the approved form and shall be accompanied by a statutory declaration made by the applicant in support of statements made in the application. (2) For the purposes of subsection 267 (1) of the Act, the prescribed form in respect of a certificate issued by the Registrar is Form 12. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 100 Conscientious objection-renewal of certificates 100. (1) A person desiring to renew a certificate issued to him or her under subsection 267 (1) of the Act shall, before the expiration of the period for which the certificate is in force, lodge with a Registrar an application in writing for the renewal of the certificate. (2) An application under subregulation (1) shall be in accordance with the approved form and shall be accompanied by a statutory declaration made by the applicant in support of any statements made in the application. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 101 Conscientious objection-revocation of certificates 101. Where, for the purposes of subsection 267 (4) of the Act, a Registrar is required to give to a person an opportunity to show cause why a certificate issued to the person under subsection 267 (1) of the Act should not be revoked, the Registrar shall: (a) fix a time and place at which the person may appear before the Registrar and make any oral submission that the person may wish to make to show cause why the certificate should not be revoked; (b) serve on the person a notice informing the person of: (i) the reasons for the proposed revocation of the certificate; (ii) the person's entitlement to an opportunity to show cause why the certificate should not be revoked; and (iii) the time and place at which the person may appear before the Registrar for the purpose specified in paragraph (a). 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 102 Prescribed records-paragraph 268 (1) (d) of the Act 102. For the purposes of paragraph 268 (1) (d) of the Act, the following records are prescribed in relation to an organisation: (a) a record of the name of each branch of the organisation; (b) a record of the address of: (i) the office of the organisation; and (ii) the office of each branch of the organisation. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 103 Prescribed time-subsection 268 (3) of the Act 103. For the purposes of subsection 268 (3) of the Act, any time during the period of 3 months commencing on 1 January is prescribed. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 104 Prescribed officer-subsections 268 (3), (4) and (12) of the Act 104. (1) Where an officer of an organisation other than the secretary is required by the organisation or under the rules of the organisation to keep the register of members referred to in paragraph 268 (1) (a) of the Act, that officer is a prescribed officer of the organisation for the purposes of paragraph 268 (3) (a) and subsection 268 (12) of the Act. (2) Where an officer of an organisation other than the secretary is required by the organisation or under the rules of the organisation to keep the records referred to in paragraphs 268 (1) (b), (c) or (d) of the Act, that officer is a prescribed officer of the organisation for the purposes of paragraph 268 (3) (b) and subsection 268 (4) of the Act. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 105 Prescribed period-subsection 268 (4) of the Act 105. For the purposes of subsection 268 (4) of the Act, in relation to the lodgment of notification of any change to the records, the period of 35 days, commencing on the day following the day on which the change is made, is prescribed. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 106 Application of Division with respect to organisations divided into branches 106. (1) Where an organisation is divided into branches: (a) this Division (other than this regulation and regulation 115) applies in relation to the organisation as if the financial affairs (including transactions) of a branch did not form part of those of the organisation; and (b) this Division (other than this regulation and regulation 115) applies in relation to each of the branches as if the branch were itself an organisation. (2) For the purposes of the application of this Division, in accordance with paragraph (1) (b), in relation to a branch of an organisation: (a) the members of the organisation constituting the branch shall be deemed to be members of the branch; and (b) any employees of the organisation employed in connection with the branch (whether or not they are also employed in connection with any other branch or branches) shall be deemed to be employees of the branch. (3) Subregulations (1) and (2) do not apply in relation to an organisation in relation to which a certificate issued by a Registrar under subsection 271 (3) of the Act is in force. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 107 Prescribed accounts-subsection 273 (1) of the Act 107. For the purposes of subsection 273 (1) of the Act, each of the following accounts is prescribed in respect of each financial year of an organisation: (a) an account of all the income and expenditure of the organisation during the financial year, being an account that, without limiting the generality of the foregoing, sets out (so far as applicable) the following particulars of income or expenditure during the financial year: (i) the total amount paid to the organisation as entrance fees or periodic contributions (in this regulation referred to as "membership contributions") in respect of membership of the organisation; (ii) where the organisation is divided into branches and the rules of the organisation provide that each branch of the organisation shall pay to the organisation, as a contribution towards the administrative expenses of the organisation, a proportion of the total amount received by the branch as entrance fees or membership contributions-the total amount so paid to the organisation by its branches; (iii) where the organisation is a branch of another organisation and the rules of the other organisation provide that the other organisation shall pay to each of its branches, as a contribution towards the administrative expenses of that branch, a proportion of the total amount received by the other organisation as entrance fees or membership contributions-the total amount so paid to the first-mentioned organisation by the other organisation; (iv) the total amount paid to the organisation by its members in respect of compulsory levies raised by the organisation or as voluntary contributions for the furtherance of particular purposes; (v) the total amount of donations or grants (other than voluntary contributions referred to in subparagraph (iv)) made to the organisation; (vi) the total amount received by the organisation as interest; (vii) the total amount received by the organisation as dividends; (viii) the total amount received by the organisation as income from the investment or use of any moneys or other assets of the organisation, other than any such income included in an amount referred to in subparagraph (vi) or (vii); (ix) the total amount paid by the organisation as fees and periodic contributions in respect of its affiliation to any political party, any federation, congress, council or group of organisations, or any international body having an interest in industrial matters; (x) where the organisation is divided into branches and the rules of the organisation provide that the organisation shall pay to each of its branches, as a contribution towards the administrative expenses of that branch, a proportion of the total amount received by the organisation as entrance fees or membership contributions-the total amount so paid by the organisation to its branches; (xi) where the organisation is a branch of another organisation and the rules of the other organisation provide that each of its branches shall pay to the other organisation, as a contribution towards the administrative expenses of the other organisation, a proportion of the total amount received by the branch as entrance fees or membership contributions-the total amount so paid by the first-mentioned organisation to the other organisation; (xii) the total amount paid by the organisation in respect of compulsory levies imposed on the organisation; (xiii) the total amount of donations or grants made by the organisation; (xiv) the total amount paid as remuneration to holders of offices in the organisation; (xv) the total amount paid as remuneration to employees of the organisation; (xvi) the total amount paid as fees or allowances (other than any payment included in an amount referred to in subparagraph (xiv) or (xv)) to persons in respect of their attendances as representatives of the organisation at conferences or other meetings; (xvii) the total amount paid by the organisation in respect of audit fees, legal expenses and any other expenses incurred in respect of professional services; (xviii) the total amount of expenses (other than expenses included in an amount referred to elsewhere in this paragraph) incurred in connection with meetings of members of the organisation and any conferences or meetings of councils, committees, panels or other bodies for the holding of which the organisation was wholly or partly responsible; (xix) the total amount paid by the organisation in respect of administrative expenses other than any such expenses included in an amount referred to elsewhere in this paragraph; (xx) the total amount set aside by the organisation as provision for payments in respect of long service leave entitlements to officers and employees of the organisation; (xxi) the total amount set aside by the organisation as provision for payments in respect of annual leave entitlements to officers and employees of the organisation; (xxii) the total amount set aside by the organisation as provision for the payment of superannuation or retirement benefits to, or paid by the organisation as contribution to a superannuation or retirement scheme applicable in relation to, officers or employees of the organisation; (xxiii) the total amount paid by the organisation in respect of interest on loans to the organisation and any other expenses incurred in connection with the control or management of the assets of the organisation; (xxiv) the total amount set aside by the organisation as provision for depreciation or amortisation on investments and fixed assets; (xxv) the total amount paid by the organisation in respect of penalties imposed on the organisation under the Act or these Regulations; (xxvi) whether there is an excess of income over expenditure or an excess of expenditure over income and, in either case, the amount of that excess; (xxvii) where any assets of the organisation have been sold for, or revalued at, an amount exceeding $1,000-the amount of profit or loss (as the case may be) arising from the sale or revaluation of those assets; (xxviii) where any amount (other than an amount included in an amount referred to elsewhere in this paragraph) has been transferred to a fund or account kept for a specific purpose by the organisation or any such amount has been withdrawn from such a fund or account-the total amount transferred to, or withdrawn from, that fund or account, as the case may be; (xxix) the net surplus or net deficit of the organisation that has been transferred to the general fund; (b) an account of the assets and liabilities of the organisation as at the end of the financial year, being an account that, without limiting the generality of the foregoing, sets out (so far as applicable) the following particulars of assets or liabilities during the financial year: (i) the total amount of cash in hand; (ii) the total amount of cash at bank; (iii) the total amount of prepayments; (iv) where the accounting records of the organisation are kept on an accrual basis-the total amount of accounts receivable and the total amount of loans receivable; (v) the total book value of investments in Government, municipal and other public debentures, stock or bonds; (vi) the total book value of investments other than those specified in subparagraph (v); (vii) the total book value of the fixed assets of the organisation, specifying separately the book value of any real property included in those assets and the book value of other assets; (viii) where the accounting records of the organisation are kept on an accrual basis-the total amount of accounts payable and the total amount of loans payable; (ix) the total amount held as provision for payments in respect of annual leave entitlements to officers and employees of the organisation; (x) the total amount held as provision for payments in respect of long service leave entitlements to officers and employees of the organisation; (xi) the total amount held as provision for the payment of superannuation or retirement benefits to officers and employees of the organisation; (xii) the total amount of contingent liabilities (other than contingent liabilities included in an amount referred to elsewhere in this paragraph), specifying separately the total amount of unsecured contingent liabilities and the total amount of contingent liabilities secured upon the assets of the organisation; (xiii) the total amount of the balances of all funds or accounts operated by the organisation in respect of compulsory levies raised by the organisation or voluntary contributions collected from members of the organisation; (xiv) where moneys, or the balance of moneys, standing to the credit of a fund or account referred to in subparagraph (xiii) have been invested in any assets-the total book value of those assets; (xv) the total amount of the balances of all funds (other than the general fund or a fund referred to in subparagraph (xiii)) the operation of which is required by the rules of the organisation; (xvi) the balance of the general fund. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 108 Prescribed accounts-subsection 285 (5) of the Act 108. For the purposes of subsection 285 (5) of the Act, each of the following accounts is a prescribed account in respect of a financial year of an organisation: (a) an account of all the income and expenditure of the organisation during that financial year, being an account that, without limiting the generality of the foregoing, sets out (so far as applicable) the following particulars of income and expenditure during that financial year: (i) the total amount paid to the organisation as entrance fees, or periodic contributions (in this regulation referred to as "membership contributions") in respect of membership of the organisation; (ii) the total amount of grants or donations made to the organisation; (iii) where the organisation is divided into branches and the rules of the organisation provide that each branch of the organisation shall pay to the organisation, as a contribution towards the administrative expenses of the organisation, a proportion of the total amount received by the branch as entrance fees or membership contributions-the total amount so paid to the organisation by its branches; (iv) where the organisation is a branch of another organisation and the rules of the other organisation provide that the other organisation shall pay to each of its branches, as a contribution towards the administrative expenses of that branch, a proportion of the total amount received by the other organisation as entrance fees or membership contributions-the total amount so paid to the first-mentioned organisation by the other organisation; (v) the total amount paid by the organisation as fees or periodic contributions in respect of its affiliation to any political party, any federation, congress, council or group of organisations, or any international body having an interest in industrial matters; (vi) the total amount paid as administrative expenses, professional fees or remuneration to holders of offices in, or to employees of, the organisation; (vii) the total amount of any grants or donations made by the organisation; (viii) where any assets of the organisation have been sold for, or revalued at, more than $1,000-the amount of profit or loss arising out of that sale or revaluation; (ix) whether there is an excess of income over expenditure or an excess of expenditure over income and, in either case, the amount of that excess; (b) an account of the assets and liabilities of the organisation as at the end of that financial year, being an account that, without limiting the generality of the foregoing, sets out (so far as applicable) the following particulars of assets or liabilities during the financial year: (i) the total amount of cash in hand; (ii) the total amount of cash at bank; (iii) the total amount of loans made by the organisation; (iv) the total book value of investments and fixed assets including, and also specifying separately: (A) the total book value of real property; and (B) the total book value of other assets each of which is valued in excess of $1,000; (v) the total amount of loans made to the organisation; (vi) the total amount of the balances of all funds the operation of which is required by the rules of the organisation; (vii) the balance of the general fund. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 109 Certificates to be given in accounts-subsections 273 (2) and 285 (6) of the Act 109. (1) The accounts prepared in accordance with subsection 273 (1) or 285 (5) of the Act in relation to an organisation shall each contain: (a) a certificate, given by the accounting officer of the organisation, stating the number of persons that were, at the end of the financial year to which the accounts relate, members of the organisation and stating in relation to that financial year whether, in the opinion of the officer: (i) the accounts show a true and fair view of the financial affairs of the organisation as at the end of the financial year; (ii) a record has been kept of all moneys paid by, or collected from, members of the organisation, and all moneys so paid or collected have been credited to the bank account or accounts to which those moneys are to be credited, in accordance with the rules of the organisation; (iii) before any expenditure was incurred by the organisation, approval of the incurring of the expenditure was obtained in accordance with the rules of the organisation; (iv) any payment was made: (A) if the accounts were prepared pursuant to subsection 273 (1) of the Act-out of a fund referred to in subparagraph 107 (b) (xiii) or (xv); or (B) if the accounts were prepared pursuant to subsection 285 (5) of the Act-out of a fund referred to in subparagraph 108 (b) (vi); for a purpose other than the purpose for which the fund was operated and, if any such payment was so made, it was approved in accordance with the rules of the organisation; (v) all loans or other financial benefits granted to persons holding office in the organisation were authorised in accordance with the rules of the organisation; and (vi) the register of members of the organisation was maintained in accordance with the Act; and (b) a certificate given by the committee of management of the organisation stating: (i) whether, in the opinion of the committee of management, the accounts show a true and fair view of the financial affairs of the organisation as at the end of the financial year to which the accounts relate; (ii) whether, during the financial year to which the accounts relate, meetings of the committee of management were, in the opinion of the committee, held in accordance with the rules of the organisation; (iii) whether, to the knowledge of any member of the committee, there have been, during the financial year to which the accounts relate, instances where records of the organisation or other documents (not being documents containing information made available to a member of the organisation under subsection 274 (2) of the Act), or copies of those records or other documents, or copies of the rules of the organisation, have not been furnished, or made available, to members of the organisation in accordance with the Act, these Regulations or the rules of the organisation, as the case may be; (iv) whether, in relation to the report prepared in accordance with section 276 of the Act by the auditor of the organisation in respect of the financial year immediately preceding the financial year to which the accounts relate and in relation to any accounts and statements prepared in accordance with subsection 273 (1) or 285 (5) of the Act (as the case may be) to which that report relates, the organisation has: (A) if those accounts and statements were prepared in accordance with subsection 273 (1) of the Act-complied with subsection 279 (1) of the Act and whichever of subsections 279 (6) and (7) of the Act is applicable; or (B) if those accounts and statements were prepared in accordance with subsection 285 (5) of the Act-complied with subsections 285 (7) and (8) of the Act. (2) The certificate referred to in paragraph (1) (b) in relation to the accounts of an organisation: (a) shall be in accordance with such resolution as is passed by the committee of management of the organisation in relation to the matters to be stated in the certificate; and (b) shall be signed on behalf of the committee of management by 2 members of the committee. (3) A statement included in a certificate pursuant to paragraph (1) (b) (iv) is not admissible as evidence in proceedings against the organisation under subsection 327 (1), (3) or (4) or section 331 of the Act. (4) In subregulation (1), "accounting officer", in relation to an organisation, means the officer of the organisation responsible for the keeping of the accounting records of the organisation. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 110 Information to be provided to members etc.-subsections 274 (1) and (2) of the Act 110. (1) For the purposes of subsection 274 (1) of the Act, an application to an organisation shall be: (a) in writing addressed to the secretary, or any other executive officer, of the organisation; and (b) delivered by hand at, or sent by pre-paid post to, the office of the organisation. (2) For the purposes of subsection 274 (1) of the Act, any of the following information concerning an organisation, being information relating to the financial year of the organisation in respect of which accounts and statements were last prepared in accordance with subsection 273 (1) or 285 (5) of the Act, is prescribed information concerning the organisation: (a) in relation to any compulsory levy raised by the organisation other than a levy in respect of which the organisation has, during the financial year, operated a special fund or account: (i) the purpose for which the levy was raised; and (ii) the total amount received by the organisation; (b) in relation to any collection by the organisation of voluntary contributions made by the members for the furtherance of a particular purpose, other than voluntary contributions in respect of which the organisation has, during the financial year, operated a special fund or account: (i) the purpose for which the contributions were collected; and (ii) the total amount received by the organisation as voluntary contributions for the furtherance of that purpose; (c) in relation to any donation or grant exceeding $1,000 made to the organisation: (i) the amount of the donation or grant; and (ii) where the donation or grant was made for a specified purpose-the purpose so specified; (d) in relation to any compulsory levy imposed on the organisation: (i) the purpose for which the levy was imposed; and (ii) the total amount paid by the organisation; (e) in relation to any donation or grant exceeding $1,000 made by the organisation: (i) the purpose for which the donation or grant was made; (ii) the amount of the donation or grant; and (iii) where the donation or grant is not a prescribed donation or grant-the name and address of the person to whom the donation or grant was made; (f) in relation to any amount exceeding $1,000 received or paid by the organisation, not being an amount included in an amount referred to in a subparagraph of paragraph 107 (a) in relation to the organisation: (i) the amount received or paid by the organisation; (ii) the name and address of the person from whom the amount was received or to whom the amount was paid; and (iii) the purpose for which the amount was received or paid by the organisation; (g) the amount paid as remuneration to the holder of any office in the organisation; (h) in relation to the sale or revaluation of any asset of the organisation, being a sale or revaluation that has resulted in a profit or loss exceeding $1,000: (i) a description of the asset sold or revalued; (ii) in the case of the revaluation of an asset-the reason for which the asset was revalued; and (iii) the amount of the profit made or the loss incurred; (j) in relation to any loan exceeding $1,000 made by the organisation: (i) the amount of the loan; (ii) the purpose for which the loan was required; (iii) the security given in respect of the loan; and (iv) where the loan is not a prescribed loan-the name and address of the person to whom the loan was made and the arrangements made for the repayment of the loan; (k) the total amount paid by the organisation in respect of investments (other than investments in Government, municipal or other public debentures, stock or bonds) made by the organisation during the financial year; (l) in relation to any investment (other than an investment in Government, municipal or other public debentures, stock or bonds) held by the organisation at the end of the financial year, being an investment the book value of which, as at the end of that financial year, exceeds whichever is the greater of $1,000 and 20 per cent of the total book value of all such investments held by the organisation at the end of that financial year: (i) a description of the investment; (ii) the book value of the investment as at the end of the financial year; and (iii) where applicable, the quoted market value of the investment as at the end of the financial year; (m) in relation to any asset (other than an asset included in a class of assets referred to in a subparagraph of paragraph 107 (b)) held by the organisation at the end of the financial year, being an asset the book value of which, as at the end of the financial year, exceeds whichever is the greater of $1,000 and 5 per cent of the total book value of all the assets held by the organisation at the end of the financial year: (i) a description of the asset; and (ii) the book value of the asset as at the end of the financial year; (n) in relation to any loan exceeding $10,000 received by the organisation: (i) the name and address of the person from whom the loan was received; (ii) the amount of the loan; (iii) the purpose for which the loan was required; (iv) the security given in respect of the loan; and (v) the arrangements made for the repayment of the loan; (o) in relation to any amount held by the organisation as provision for one of the following purposes: (i) the payment of annual leave entitlements to its officers and employees; (ii) the payment of long service leave entitlements to its officers and employees; (iii) the payment of superannuation or retirement benefits to its officers and employees; the number of officers and employees in respect of whom the amount so held constitutes provision; (p) in relation to any contingent liability of the organisation as at the end of the financial year, being a contingent liability the amount of which has been ascertained and exceeds 5 per cent of the net value of the assets of the organisation as at the end of the financial year: (i) a description of the liability; and (ii) the amount for which the organisation is liable; (q) in relation to any liability of the organisation (other than a liability included in a class of liabilities referred to in a subparagraph of paragraph 107 (b)) outstanding at the end of the financial year, being a liability involving an amount exceeding 5 per cent of the total amount of the other liabilities of the organisation as at the end of the financial year: (i) a description of the liability; and (ii) the amount for which the organisation is liable; (r) in relation to any fund or account operated by the organisation in respect of a compulsory levy raised by the organisation or in respect of voluntary contributions collected from the members of the organisation: (i) the purpose for which the levy was raised or the voluntary contributions collected; (ii) where applicable, the amount of the balance of the fund or account at the commencement of the financial year; (iii) whether any moneys were transferred to the fund or account from any other fund or account operated by the organisation and, if any moneys were so transferred, a description of each fund or account from which moneys were so transferred and the amount transferred from each fund or account; (iv) the total amount paid by the members of the organisation in respect of the levy or as voluntary contributions; (v) the total amount of payments made out of the fund or account in furtherance of the purpose for which the levy was imposed or the voluntary contributions collected; (vi) whether any payment was made out of the fund or account in furtherance of a purpose other than the purpose for which the levy was imposed or the voluntary contributions collected and, if any payment was so made, the amount of each payment and the purpose for which it was made; (vii) whether any moneys were transferred from the fund or account to any other fund or account operated by the organisation and, if any moneys were so transferred, a description of each fund or account to which the moneys were transferred and the amount transferred to each fund or account; (viii) in respect of: (A) each payment particulars of which are given in accordance with subparagraph (vi); and (B) each transfer particulars of which are given in accordance with subparagraph (vii); the designation within the organisation of the person who approved the payment or transfer and the date on which the approval was given; and (ix) the amount of the balance of the fund or account at the end of the financial year or, in the case of a fund or account that the organisation ceased to operate before the end of the financial year, the amount of the closing balance and, if any part of that balance or closing balance has been invested in any assets, the amount so invested and a description of those assets; (s) in relation to any fund (other than the general fund or a fund referred to in paragraph (r)) the operation of which is required by the rules of the organisation: (i) the purpose for which the fund was operated; (ii) where applicable, the amount of the balance of the fund at the beginning of the financial year; (iii) whether any moneys were transferred to the fund from any other fund or any account operated by the organisation and, if any moneys were so transferred, a description of each fund or account from which moneys were so transferred and the amount transferred from each fund or account; (iv) the total amount of moneys, other than moneys referred to in subparagraph (iii), paid into the fund; (v) the total amount of payments made out of the fund in furtherance of the purpose for which the fund was operated; (vi) whether any payment was made out of the fund in furtherance of a purpose other than the purpose for which the fund was operated and, if any payment was so made, the amount of each payment and the purpose for which it was made; (vii) whether any moneys were transferred from the fund to any other fund or any account operated by the organisation and, if any moneys were so transferred, a description of each fund or account to which the moneys were transferred and the amount transferred to each fund or account; (viii) in respect of: (A) each payment particulars of which are given in accordance with subparagraph (vi); and (B) each transfer particulars of which are given in accordance with subparagraph (vii); the designation within the organisation of the person who approved the payment or transfer and the date on which the approval was given; and (ix) the amount of the balance of the fund at the end of the financial year or, in the case of a fund that the organisation ceased to operate before the end of the financial year, the amount of the closing balance and, if any part of that balance or closing balance has been invested in any assets, the amount so invested and a description of those assets. (3) In subregulation (2): (a) a reference to a person includes a reference to any body whether corporate or unincorporated; and (b) a reference to a prescribed donation or grant or to a prescribed loan is a reference to a donation or grant made, or a loan granted, as the case may be, by an organisation to a member of the organisation on the certification of the officer of the organisation authorising the donation or grant, or the loan, as the case may be, that the officer was satisfied, from investigations made by the officer, that the donation or grant, or the loan, was necessary to relieve the member or a dependant of the member from severe financial hardship. (4) Any information that is required to be made available to a member of an organisation, or to a Registrar, under subsection 274 (2) of the Act: (a) shall be in writing signed by the secretary, or any other executive officer, of the organisation; and (b) shall: (i) if the application was made by a Registrar-be delivered by hand at, or sent by pre-paid post to, the office of that Registrar; (ii) if the application was made by a member of the organisation and specifies an address in relation to the member-be sent by pre-paid post to that address; or (iii) in any other case-be left for collection at the office of the organisation. (5) For the purposes of subsection 274 (2) of the Act, the prescribed time is: (a) in relation to an application made under subsection 274 (1) of the Act by a member of an organisation: (i) except where subparagraph (ii) applies-28 days after the day of receipt of the application for the information; or (ii) where, on an application by the secretary, or any other executive officer, of the organisation (whether before or after the end of the period referred to in subparagraph (i)), a Registrar certifies that he or she is satisfied that, for reasons outside the control of the organisation, it was, or is, not practicable for the organisation to make the information available to the member within that period-6 weeks after the day of receipt of the application for the information; or (b) in relation to an application made under subsection 274 (1) by a Registrar-28 days after the day of receipt of the application for the information. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 111 Evidence of membership of organisation to be supplied 111. Where a Registrar receives, in accordance with subsection 274 (3) of the Act, a request purporting to be made by a member of an organisation, the Registrar may require the person making the request to furnish evidence that the person is a member of the organisation. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 112 Competent persons-subsection 275 (9) of the Act 112. (1) A person is not a competent person for the purposes of section 275 of the Act in relation to an organisation the income of which for the relevant financial year exceeds $10,000 unless the person: (a) is registered under a law of a State or Territory providing for the registation of public accountants; or (b) is licensed or registered as an auditor under the law of a State or Territory relating to companies; and the person is not a member of the organisation. (2) A person is not a competent person for the purposes of section 275 of the Act in relation to an organisation other than an organisation referred to in subregulation (1) unless: (a) the person: (i) is registered under a law of a State or Territory providing for the registration of public accountants; or (ii) is licensed or registered as an auditor under a law of a State or Territory relating to companies; or (b) the Registrar has issued a certificate in respect of the person stating that the person has had experience in the keeping or auditing of accounts; and the person is not a member of the organisation. (3) In subregulation (1), "relevant financial year", in relation to an organisation that appoints an auditor, means the financial year immediately preceding the financial year that is current at the time of the appointment of the auditor. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 113 Prescribed period-subsection 276 (1) of the Act 113. For the purposes of subsection 276 (1) of the Act, the prescribed period is: (a) except where paragraph (b) applies-6 months; or (b) where, on an application made by an auditor (whether before or after the expiration of the period referred to in paragraph (a)), a Registrar certifies that he or she is satisfied that, for reasons outside the control of the auditor, it was, or is, not practicable for the auditor to complete within that period the report referred to in subsection 276 (1) of the Act-8 months. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 114 Prescribed officer-paragraph 280 (1) (b) of the Act 114. Where the rules of an organisation provide that the certificate referred to in paragraph 280 (1) (b) of the Act is to be signed by an officer of the organisation other than the secretary, that officer is a prescribed officer for the purposes of that paragraph. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 115 Prescribed officer-paragraphs 281 (3) (b) and (4) (b) of the Act 115. (1) Where the rules of an organisation or of a branch of an organisation provide that the certificate referred to in paragraph 281 (3) (b) of the Act is to be signed by an officer of the branch other than the secretary, that officer is a prescribed officer for the purposes of that paragraph. (2) Where the rules of an organisation or of a branch of an organisation provide that the certificate referred to in paragraph 281 (4) (b) of the Act is to be signed by an officer of the branch other than the secretary, that officer is a prescribed officer for the purposes of that paragraph. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 116 Prescribed officer-subsection 285 (9) of the Act 116. Where the rules of an organisation provide that the certificate referred to in subsection 285 (9) of the Act is to be signed by an officer of the organisation, other than the secretary, that officer is a prescribed officer for the purposes of that subsection. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 117 Prescribed amount-paragraph 289 (b) of the Act 117. For the purposes of paragraph 289 (b) of the Act, the prescribed amount is $2. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 118 Elections or ballots conducted by the Australian Electoral Commission-no unauthorised action 118. Where: (a) an election for an office in an organisation or branch of an organisation is conducted by the Australian Electoral Commission under the Act; or (b) a secret postal ballot of the members of an organisation is conducted by the Australian Electoral Commission under the Act; a person other than the person conducting that election or ballot, as the case may be, shall not, except with the authority or at the direction of the person so conducting the election or ballot, do or purport to do any act in the conduct of the election or ballot, as the case may be. Penalty: $200. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 119 No action for defamation in certain cases 119. No action or proceeding, civil or criminal, for defamation lies: (a) against: (i) the Commonwealth or an electoral official in respect of the printing or issuing of material by the electoral official in the course of conducting, on behalf of the Australian Electoral Commission, an election under the Act, being material prepared by or on behalf of a candidate in the election; or (ii) the Commonwealth or an electoral official in respect of the printing or issuing of a document or other material by the electoral official who is conducting, on behalf of the Australian Electoral Commission, a ballot under the Act, being a document or other material that is required or permitted under paragraph 85 (b) or (c) to be contained in the sealed envelope referred to in regulation 85; or (b) where the electoral official causes the material or document referred to in subparagraph (a) (i) or (ii) to be printed-against the person who printed that material or document, as the case may be, in respect of that printing. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 120 Circumstances where an organisation may apply for cancellation of its registration-paragraph 296 (a) of the Act 120. For the purposes of paragraph 296 (a) of the Act, an organisation may apply for the cancellation of its registration if: (a) approval has been given to: (i) the making of an application under subsection 187 (1) of the Act for the cancellation, in relation to the organisation, of all the terms of all awards binding on the organisation; and (ii) the making of an application that the registration of the organisation be cancelled; by a majority of the members voting at a ballot of the members taken in accordance with any rules that are applicable or, if there are no such rules, in accordance with: (iii) if the rules of the organisation provide for the election of any of its officers by a direct voting system-the rules applicable for such elections; or (iv) if subparagraph (iii) does not apply-procedures approved by a designated Presidential Member; and (b) an application made to the President under subsection 187 (1) of the Act pursuant to the approval referred to in subparagraph (a) (i) has been granted. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 121 Application for cancellation of registration of an organisation-paragraph 296 (a) of the Act 121. (1) An application by an organisation under paragraph 296 (a) of the Act for the cancellation of its registration shall: (a) be in writing signed by 2 or more officers of the organisation authorised to sign the application; (b) set out full particulars of the circumstances by reason of which the organisation is entitled to make the application; (c) be accompanied by a written statement, signed by the persons who signed the application, stating that the facts stated in the application are true and correct; and (d) be lodged in the Industrial Registry. (2) The designated Presidential Member dealing with an application under subregulation (1) shall cause notice of the receipt of the application to be published in the Gazette. (3) Within 35 days after the publication of the notice referred to in subregulation (2), an interested person may lodge in the Industrial Registry a notice of objection to the application stating the grounds of the objection. (4) A notice of objection shall be accompanied by a written statement, signed by the objector, setting out briefly the facts upon which the objector relies in respect of each ground of objection. (5) An objector shall, within 7 days after lodging a notice of objection in the Industrial Registry under subregulation (3), serve copies of the notice of objection and of the accompanying statement on the organisation. (6) The Presidential Member shall fix a time and place for hearing the application and any objection and shall give notice of the time and place so fixed to the organisation and to any objector. (7) The designated Presidential Member shall not: (a) refuse to grant an application referred to in subregulation (1) without giving the applicant an opportunity to be heard; or (b) grant the application without giving any objector an opportunity to be heard. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 122 Application for cancellation of registration of an organisation-paragraph 296 (b) of the Act 122. (1) An application under paragraph 296 (b) of the Act for the cancellation of the registration of an organisation: (a) shall be in writing setting out the ground for the application; (b) shall: (i) if the application is made by an organisation-be under the seal of the applicant organisation or be signed by 2 officers of that organisation authorised to sign the application; or (ii) in any other case-be signed by the applicant; (c) shall be accompanied by a written statement setting out the facts on which the applicant relies to support the application and signed by: (i) if the applicant is an organisation-2 officers of the organisation authorised to sign the statement; or (ii) in any other case-the applicant; and (d) shall be lodged in the Industrial Registry. (2) Not later than 7 days after lodging the application in the Industrial Registry under paragraph (1) (d) for the cancellation of the registration of an organisation, the applicant shall serve a copy of the application and of the statement accompanying it on the organisation. (3) Where an application has been made for the cancellation of the registration of an organisation on one of the grounds specified in paragraph 296 (b) of the Act, the designated Presidential Member shall, with a view to satisfying himself or herself whether the registration of the organisation is liable to cancellation on that ground, give the organisation an opportunity to make written submissions to the Presidential Member and, if the organisation so desires, to be heard in support of any of those submissions. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 123 Cancellation of registration of defunct organisation-paragraph 296 (c) of the Act 123. (1) For the purposes of paragraph 296 (c) of the Act, a designated Presidential Member shall, with a view to satisfying himself or herself that an organisation is defunct, comply with the following provisions of this regulation. (2) The Presidential Member shall make appropriate inquiries by letters sent by post: (a) to the organisation at its office; and (b) to the members of the committee of management of the organisation as last known to him or her at their postal addresses as last known to him or her. (3) If, after inquiries made in accordance with subregulation (2), the Presidential Member has failed to satisfy himself or herself whether the organisation is defunct, the Presidential Member shall cause to be published in the Gazette a notice stating that: (a) subject to consideration of any objections lodged in accordance with the notice, the registration of the organisation will, at the expiration of one month from the date of publication of the notice, be cancelled on the ground that the organisation is defunct; and (b) a person who desires to show cause why the registration of the organisation should not be cancelled on that ground may lodge in the Industrial Registry, within one month after the date of publication of the notice, a notice of objection. (4) If any person has lodged a notice of objection in accordance with paragraph 3 (b), the Presidential Member shall give to that person an opportunity to appear before him or her and to be heard in support of the objection. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 124 Office hours 124. (1) Each registry of the Industrial Registry shall be open on ordinary working days between the hours of 9.30 a.m. and 4.30 p.m.. (2) Where: (a) any act is to be done, or any proceeding is to be taken, at a registry; (b) the time for doing that act or taking that proceeding expires on a day on which that registry is not open; and (c) for that reason that act cannot be done, or that proceeding cannot be taken, on that day; that act shall be held to have been done, or that proceeding shall be held to have been taken, within that time if done or taken on the next day on which the registry is open. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 125 Lodging of documents in the Industrial Registry 125. Where for the purposes of a provision of Part IX or X of the Act or of Part VII or VIII of these Regulations, a document is required to be lodged in the Industrial Registry, the document may be lodged by leaving it with a Registrar or by properly addressing, prepaying and posting the document in a letter sent by security post or as certified mail. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 126 Indorsement of documents 126. Every document that is lodged in connection with any matter before a Registrar shall be indorsed with the name and address of the party lodging it and that address shall be the address for service of that party. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 127 Inspection of documents 127. A document lodged in the Industrial Registry under Part IX (other than subsection 268 (12) and sections 269 and 274) or Part X of the Act or a document lodged in the Industrial Registry under Part VII (other than regulation 111) or Part VIII of these Regulations may be inspected, upon giving reasonable notice, at a registry during the hours of opening referred to in subregulation 124 (1) and a person may, upon application, obtain an office copy or a certified copy of any such document. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 128 False statement in document 128. A person shall not knowingly or recklessly make any false statement in any document lodged in the Industrial Registry under these Regulations. Penalty: $1,000. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 129 Power to waive procedural requirements and effect of non-compliance 129. (1) Subject to the Act, a Registrar may, in relation to any proceeding before the Registrar, in special circumstances, and either absolutely or subject to conditions, exempt any person from compliance with any procedural requirement of these Regulations. (2) Subject to the Act, non-compliance with any of these Regulations shall not render void any proceedings before a Registrar but the proceedings may be: (a) set aside, either wholly or in part, as irregular; (b) amended; or (c) otherwise dealt with in such manner and upon such terms as the Registrar thinks fit. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 130 Use of previous evidence 130. (1) Any evidence given (whether orally, by statutory declaration or otherwise) in the course of proceedings before the Court, the Commission or a Registrar may, in the discretion of a Registrar and subject to such terms and conditions as he or she determines, be used in any subsequent proceedings before that Registrar. (2) When evidence has been given orally, this regulation does not authorise its use in subsequent proceedings before a Registrar unless a written record of the evidence is available for the use of the Registrar and he or she is satisfied that that record is a true record of the evidence. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 131 Recovery of cost of providing copies of documents 131. Where a Registrar provides a copy or copies of any document to a person, whether in the form of photocopies, facsimile transmissions, electronic data, printed documents or otherwise, the person shall pay to the Registrar in advance an amount directed by the Registrar to be paid in relation to a copy or copies in the form provided, being an amount that the Registrar has determined, on reasonable grounds, to be equal to the costs that will be incurred by the Registry in providing a copy or copies in a particular form. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 132 Custody and use of seals of the Industrial Registry 132. (1) The seal referred to in subsection 65 (1) of the Act, and the duplicate of the seal kept at each registry in accordance with subsection 65 (2) of the Act, shall be kept in such custody as the Industrial Registrar directs. (2) The seal referred to in subsection 65 (1) of the Act, and a duplicate referred to in subsection 65 (2) of the Act, shall be used in accordance with the directions of the Industrial Registrar. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 133 Power of Commission to waive procedural requirements and effect of non-compliance 133. (1) Subject to the Act, the Commission may, in relation to any proceeding before the Commission, in special circumstances, and either absolutely or subject to conditions, exempt any person from compliance with any procedural requirement of these Regulations. (2) Subject to the Act, non-compliance with any of these Regulations shall not render void any proceedings before the Commission but the proceedings may be set aside either wholly or in part as irregular, or amended, or otherwise dealt with in such manner and upon such terms as the Commission thinks fit. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 134 Certain applications under subsection 111 (1) 134. (1) In a proceeding before the Commission in relation to an industrial dispute: (a) a party to the dispute; (b) the Attorney-General of a State; or (c) an Association (whether a party to the dispute or not) acting on behalf of persons who might be affected by any award or order that might be made by the Commission in relation to the dispute; may apply to the Commission for a decision that it dismiss a matter or part of a matter, or refrain from further hearing or from determining the dispute or part of the dispute on the ground that the dispute or part has been dealt with, is being dealt with or is proper to be dealt with by a State industrial authority. (2) Where an application is made under subregulation (1), the Commission shall hear the applicant and such parties as have an interest in the application. (3) In this regulation, "Association" means any trade or other union, or branch of any union, or any association or body composed of or representative of employers or employees, or for furthering or protecting the interests of employers or employees. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 135 General powers of Registrar 135. (1) For the purpose of giving effect to the Act, the Registrar shall, in relation to any application or proceeding with which the Registrar is authorised to deal, have power: (a) to require a person, by summons served on the person, to appear before the Registrar: (i) to give evidence; and (ii) to produce such books, documents or things as are referred to in the summons for inspection by the Registrar or by such party as the Registrar determines; (b) to take evidence on oath; (c) to adjourn any matter or hearing; (d) to amend or give leave to amend any application, notice or other document; (e) to extend the time fixed by these Regulations for the lodging of any document or the doing of any act (whether that time has expired or not); (f) to give directions to any party in relation to the service of documents and the manner of service of documents; and (g) to order any party to pay any other party such reasonable sum for costs as he or she thinks just. (2) A person shall not, without reasonable excuse, refuse or fail to comply with a summons served on him or her for the purposes of paragraph (1) (a). Penalty: $500. (3) Where any power is exercised under subregulation (1) on the application of a party, it may be exercised on such terms, as to payment of fees and costs and otherwise, as the Registrar thinks just. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 136 Signing of documents etc. on behalf of persons, organisations etc. 136. Subject to the Act, if any document is required by the Act or these Regulations to be taken out, made or signed or may be taken out, made or signed, or any step is required to be taken or may be taken by any person, organisation, branch, company or committee of management, in relation to any application or proceeding with which the Registrar is authorised to deal, that document may be taken out, made or signed, or that step taken, on behalf of that person, organisation, branch, company or committee of management: (a) in the case of a person-by that person or by any other person authorised by him in writing; (b) in the case of an organisation or branch-by a person authorised by, or in accordance with the rules of, the organisation or branch; (c) in the case of a company not being an organisation-by an officer or person duly authorised under the seal of the company to represent it under the Act, or in the proceedings; and (d) in the case of a committee of management of an organisation or branch-by a person authorised by the committee. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 137 Payment of unclaimed moneys to Commonwealth 137. An employer who desires to pay an amount of money to the Commonwealth in accordance with section 180 of the Act may pay the amount to an officer of the Department of Industrial Relations who is a Collector of Public Moneys. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - SCHEDULE 1 SCHEDULE 1 Regulation 2 FORM 1 Regulation 10 COMMONWEALTH OF AUSTRALIA Industrial Relations Act 1988 INSPECTOR'S IDENTITY CARD Pursuant to subsection 85 (1) of the Industrial Relations Act 1988 I, *Minister of State for Industrial Relations,/* a person to whom the Minister of State for Industrial Relations has delegated his (or her) powers under that subsection,/ hereby certify that whose photograph and signature appear on this document is an inspector for the purposes of that Act. (Signature of Inspector) Dated 19 . *Delegate of the/ Minister of State for Industrial Relations * Omit if inapplicable. -------- FORM 2 Regulation 41 Industrial Relations Act 1988 CERTIFICATE OF REGISTRATION OF AN ASSOCIATION AS AN ORGANISATION I,, the Industrial Registrar, pursuant to subsection 191 (4) of the Industrial Relations Act 1988, hereby certify that on (insert date of registration) an association of *employers/*employees/ called (insert name of association) was registered as an organisation in accordance with subsection 191 (1) of that Act. The eligibility rules of the association are as follows: (Insert relevant rules) Dated 19 . Industrial Registrar * Omit if inapplicable. -------- FORM 3 Regulation 46 Industrial Relations Act 1988 AGREEMENT BETWEEN ORGANISATION AND STATE REGISTERED UNION (Insert name of organisation), in this agreement called "the Organisation", and (insert name of state registered union), in this agreement called "the Union", hereby agree that the members of the Union who, under the eligibility rules of the Organisation, are not eligible to be members of the Organisation are *(, subject to the provisions set out in the Schedule,) eligible to become such members. *(SCHEDULE) Dated 19 . Signed on behalf of Signed on behalf of the Organisation by the Union by (Signature, name, and title (Signature, name, and title of office, of person(s) signing) of office, of person(s) signing) in the presence of in the presence of * Omit words within brackets if unnecessary. -------- FORM 4 Subregulation 62 (2) Industrial Relations Act 1988 APPLICATION FOR INQUIRY RELATING TO AN ELECTION In the matter of an election for an office in (name of organisation or branch) I, (full name of applicant), of (address of applicant), being a member (or a person who, within the period of 12 months preceding the date of this application, has been a member) of the (name of organisation) hereby apply for an inquiry by the Federal Court of Australia into the matter of the alleged irregularities specified in this application, which I claim have occurred in relation to the election specified in this application. I rely on the facts stated in this application. PARTICULARS OF ELECTION Organisation or branch: (name) Office or offices: (title or titles of position or positions for which election held) Has the result of the election been declared? (Answer "yes" or "no") If the result has been declared, the date of that declaration: (date) PARTICULARS OF ALLEGED IRREGULARITIES (Set out in numbered paragraphs particulars of the alleged irregularity or irregularities) FACTS RELIED ON (Set out in numbered paragraphs the facts relied on in support of the application) Dated 19 . Signature of applicant -------- FORM 5 Subregulation 82 (1) Industrial Relations Act 1988 NOTICE OF BALLOT IN RESPECT OF A PROPOSED AMALGAMATION NOTICE is hereby given that a secret postal ballot of the members of the (name of organisation) is to be conducted on the question whether they approve the proposed amalgamation of that organisation with the following organisation(s), namely, (name of organisation or each organisation with which amalgamation is proposed). A copy of the scheme for the proposed amalgamation will be sent to members entitled to vote in the ballot. The commencing date of the ballot is . The closing date of the ballot is . (Signature, name and title of person conducting the ballot and address at which that person will carry out his or her duties while conducting the ballot) -------- FORM 6 Subregulation 82 (1) Industrial Relations Act 1988 NOTICE OF BALLOT IN RESPECT OF AN ALTERNATIVE AMALGAMATION NOTICE is hereby given that, at the same time as a secret postal ballot of the members of the (name of organisation) is conducted on the question whether they approve the proposed amalgamation of that organisation with the following organisations, namely, (name of each organisation with which amalgamation is proposed), a secret postal ballot of those members is also to be conducted on the question whether, if the abovementioned proposed amalgamation does not take place, they approve the amalgamation of their organisation with the other organisations concerned in the amalgamation whose members give a similar approval. The commencing date of the ballot is . The closing date of the ballot is . (Signature, name and title of person conducting the ballot and address at which that person will carry out his or her duties while conducting the ballot) FORM 7 Subregulations 84 (1) and (3) Industrial Relations Act 1988 BALLOT OF MEMBERS OF (Name of Organisation Whose Members are Voting) BALLOT PAPER IN RESPECT OF PROPOSED AMALGAMATION (Initials, or facsimile of initials, of the person conducting the ballot) Directions to Voter 1. Record your vote on the ballot paper as follows: if you approve the amalgamation referred to in the question set out below, place a tick ("^") or a cross ("X") in the space provided opposite the word "YES"; if you do not approve the amalgamation referred to in the question set out below, place a tick ("^") or a cross ("X") in the space provided opposite the word "NO". 2. Do not place on this paper any mark or writing by which you may be identified. 3. Mark only one square. QUESTION FOR VOTERS: DO YOU APPROVE THE PROPOSED AMALGAMATION OF (name of organisation whose members are voting) WITH THE FOLLOWING ORGANISATION(S), NAMELY, YES (name of organisation or each organisation with which amalgamation is proposed), IN ACCORDANCE WITH THE SCHEME FOR AMALGAMATION A COPY OF WHICH HAS BEEN SENT TO YOU WITH THIS BALLOT PAPER? NO -------- Further Directions After you have recorded your vote: (a) fold this paper so as to conceal the way in which you have voted; (b) place this paper in the envelope addressed to the person conducting the ballot and seal that envelope; and (c) post the envelope so that it may reach the person conducting the ballot on or before (closing date of the ballot). -------- FORM 8 Subregulation 84 (1) Industrial Relations Act 1988 BALLOT OF MEMBERS OF (Name of Organisation Whose Members are Voting) BALLOT PAPER IN RESPECT OF PROPOSED AMALGAMATION (Initials, or facsimile of initials, of the person conducting the ballot) Directions to Voter 1. Record your vote on the ballot paper as follows: if you approve the amalgamation referred to in the question set out below, write "YES" in the space provided opposite the question; if you do not approve the amalgamation referred to in the question set out below, write "NO" in the space provided opposite the question. 2. Do not place on this paper any mark or writing by which you may be identified. QUESTION FOR VOTERS: DO YOU APPROVE THE PROPOSED AMALGAMATION OF (name of organisation whose members are voting) WITH THE FOLLOWING ORGANISATION(S), NAMELY, (name of organisation or each organisation with which amalgamation is proposed), IN ACCORDANCE WITH THE SCHEME FOR AMALGAMATION A COPY OF WHICH HAS BEEN SENT TO YOU WITH THIS BALLOT PAPER? -------- Further Directions After you have recorded your vote: (a) fold this paper so as to conceal the way in which you have voted; (b) place this paper in the envelope addressed to the person conducting the ballot and seal that envelope; and (c) post the envelope so that it may reach the person conducting the ballot on or before (closing date of the ballot). -------- FORM 9 Subregulations 84 (2) and (4) Industrial Relations Act 1988 BALLOTS OF MEMBERS OF (Name of Organisation Whose Members are Voting) (Initials, or facsimile of initials, of the person conducting the ballot) Directions to Voter 1. This paper contains 2 ballot papers. Record your vote on each ballot paper as follows: if you approve the amalgamation referred to in the question set out in the ballot paper, place a tick ("^") or a cross ("X") in the space provided opposite the word "YES"; if you do not approve the amalgamation referred to in the question set out in the ballot paper, place a tick ("^") or a cross ("X") in the space provided opposite the word "NO". 2. Do not place on this paper any mark or writing by which you may be identified. 3. Mark only one square on each ballot paper. -------- BALLOT PAPER IN RESPECT OF PROPOSED AMALGAMATION QUESTION FOR VOTERS: DO YOU APPROVE THE PROPOSED AMALGAMATION OF (name of organisation whose members are voting) WITH THE FOLLOWING ORGANISATIONS NAMELY, (name YES of each organisation with which amalgamation is proposed), IN ACCORDANCE WITH THE SCHEME FOR AMALGAMATION A COPY OF WHICH HAS BEEN SENT TO YOU WITH THIS BALLOT PAPER? NO BALLOT PAPER IN RESPECT OF ALTERNATIVE AMALGAMATION Note: You will not be taken to have recorded a formal vote in this ballot on the question of an alternative amalgamation if you have not recorded in the ballot in respect of the proposed amalgamation a formal vote in favour of the proposed amalgamation. QUESTION FOR VOTERS: IF THE PROPOSED AMALGAMATION IN RESPECT OF YES WHICH YOU HAVE JUST RECORDED YOUR VOTE DOES NOT TAKE PLACE, DO YOU APPROVE THE AMALGAMATION OF (name of organisation whose members are voting) WITH THE OTHER ORGANISATIONS NO CONCERNED IN THE AMALGAMATION WHOSE MEMBERS GIVE A SIMILAR APPROVAL? -------- Further Directions After you have recorded your votes: (a) fold this paper so as to conceal the way in which you have voted; (b) place this paper in the envelope addressed to the person conducting the ballots and seal that envelope; and (c) post the envelope so that it may reach the person conducting the ballots on or before (closing date of the ballots). -------- FORM 10 Subregulation 84 (2) Industrial Relations Act 1988 BALLOTS OF MEMBERS OF (Name of Organisation Whose Members are Voting) (Initials, or facsimile of initials, of the person conducting the ballots) Directions to Voter 1. This paper contains 2 ballot papers. Record your vote on each ballot paper as follows: if you approve the amalgamation referred to in the question set out in the ballot paper, write "YES" in the space provided opposite the question. if you do not approve the amalgamation referred to in the question set out in the ballot paper, write "NO" in the space provided opposite the question. 2. Do not place on this paper any mark or writing by which you may be identified. -------- BALLOT PAPER IN RESPECT OF PROPOSED AMALGAMATION QUESTION FOR VOTERS: DO YOU APPROVE THE PROPOSED AMALGAMATION OF (name of organisation whose members are voting) WITH THE FOLLOWING ORGANISATION(S), NAMELY, (name of each organisation with which amalgamation is proposed), IN ACCORDANCE WITH THE SCHEME FOR AMALGAMATION A COPY OF WHICH HAS BEEN SENT TO YOU WITH THIS BALLOT PAPER? -------- BALLOT PAPER IN RESPECT OF ALTERNATIVE AMALGAMATION Note: You will not be taken to have recorded a formal vote in this ballot on the question of an alternative amalgamation if you have not recorded in the ballot in respect of the proposed amalgamation a formal vote in favour of the proposed amalgamation. QUESTION FOR VOTERS: IF THE PROPOSED AMALGAMATION IN RESPECT OF WHICH YOU HAVE JUST RECORDED YOUR VOTE DOES NOT TAKE PLACE, DO YOU APPROVE THE AMALGAMATION OF (name of organisation whose members are voting) WITH THE OTHER ORGANISATIONS CONCERNED IN THE AMALGAMATION WHOSE MEMBERS GIVE A SIMILAR APPROVAL? -------- Further Directions After you have recorded your votes: (a) fold this paper so as to conceal the way in which you have voted; (b) place this paper in the envelope addressed to the person conducting the ballots and seal that envelope; and (c) post the envelope so that it may reach the person conducting the ballots on or before (closing date of the ballots). -------- FORM 11 Regulation 93 Industrial Relations Act 1988 APPLICATION FOR INQUIRY RELATING TO A BALLOT In relation to an inquiry relating to a ballot of the members of (name of organisation): I, (full name of applicant) of (address of applicant), being a member of the (name of organisation), hereby apply for an inquiry by the Federal Court of Australia into the following irregularities that, I allege, have occurred in or in relation to the ballot specified in this application. I rely on the facts stated in this application. PARTICULARS OF BALLOT Ballot of the members of (name of organisation) in respect of the proposed amalgamation of that organisation with (name of organisation or each organisation with which amalgamation is proposed). or Ballot of the members of (name of organisation) on the question whether, if the proposed amalgamation of that organisation with (name of other organisation concerned in the amalgamation) does not take place, they approve the amalgamation of (name of first-mentioned organisation) with the other organisations concerned in the amalgamation whose members give a like approval. *The ballot is uncompleted. *The ballot was completed on (date). PARTICULARS OF ALLEGED IRREGULARITIES (Set out in numbered paragraphs particulars of alleged irregularity or irregularities) FACTS RELIED ON (Set out in numbered paragraphs the facts relied on in support of the application) Dated 19 . Signature of applicant *Omit if inapplicable. -------- FORM 12 Subregulation 99 (2) Industrial Relations Act 1988 CERTIFICATE OF CONSCIENTIOUS OBJECTION TO MEMBERSHIP OF ASSOCIATION I, , *the/*a Deputy/Industrial Registrar, pursuant to subsection 267 (1) of the Industrial Relations Act 1988, hereby certify that: (a) upon application made by (name of applicant) of (address of applicant), I am satisfied that *his/*her/ conscientious beliefs do not allow *him/*her/ to be a member of an association of a kind described in paragraph *188 (1) (a)/*188 (1) (b)/ of that Act; and (b) (name of applicant) has paid the prescribed fee. This certificate, unless sooner revoked, shall remain in force for a period of from the date of this certificate. Dated 19 . *Deputy/Industrial Registrar * Omit if inapplicable. 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - SCHEDULE 2 SCHEDULE 2 Regulations 3 and 7 PERSONS AND BODIES PRESCRIBED FOR THE PURPOSES OF THE DEFINITION OF "EMPLOYING AUTHORITY" IN SUBREGON 4 (1) OF THE ACT ------------------------------------------------------------------------------ -- Column 1 Column 2 Column 3 Item No. Class of employees Person or body ------------------------------------------------------------------------------ -- 1 Persons employed in public sector employment by a particular Commonwealth authority under terms and conditions determined, or approved, by the Minister of State for Industrial Relations The Minister administering the enactment by or under which the Commonwealth authority employing the persons specified in column 2 of this item was established The principal executive officer (however called) of the Commonwealth authority employing the persons specified in column 2 of this item The Minister of State for Industrial Relations 2 Persons employed in public sector employment by a particular Commonwealth authority other than persons specified in column 2 of item 1 The Minister administering the enactment by or under which the Commonwealth authority employing the persons specified in column 2 of this item was established The principal executive officer (however called) of the Commonwealth authority employing the persons specified in column 2 of this item 3 Officers and employees, within the meaning of the Public Service Act 1922, performing duties or employed in a particular Department of the Australian Public Service not being a Department specified in column 2 of item 4 The Minister administering the Department in which the officers and employees specified in column 2 of this item are performing duties or are employed The Minister of State for Industrial Relations 4 Officers and employees, within the meaning of the Public Service Act 1922, performing duties or employed in the Department of the Senate, the Department of the House of Representatives, the Department of the Parliamentary Library, the Joint House Department or the Department of the Parliamentary Reporting Service The President of the Senate The Speaker of the House of Representatives 5 Persons employed under section 42 of the Naval Defence Act 1910 The Minister administering the enactment specified in column 2 of this item The persons empowered under the enactment specified in column 2 of this item to employ persons 6 Persons employed under section 10 of the Supply and Development Act 1939 The persons empowered under the enactment specified in column 2 of this item to employ persons The Minister administering the enactment specified in column 2 of this item 7 Persons engaged as consultants under Part II, or employed under Part III or IV, of the Members of Parliament (Staff) Act 1984 The Minister administering the enactment specified in column 2 of this item 8 Persons employed as employees in a particular Department of the Public Service of the Northern Territory The Minister of the Northern Territory responsible for the Department of the Public Service of the Territory in which the persons specified in column 2 of this item are employed The Public Service Commissioner for the Northern Territory 9 Persons employed by the Northern Territory other than persons specified in column 2 of item 8 The Public Service Commissioner for the Northern Territory 10 Persons employed by a particular Northern Territory authority (being a body corporate referred to in paragraph (a) of the definition of "Northern Territory authority" in subsection 4 (1) of the Act) under terms and conditions determined or approved by the Public Service Commissioner for the Northern Territory The Minister administering the Act of the Northern Territory by or under which the authority employing the persons specified in column 2 of this item was established The principal executive officer (however called) of the authority employing the persons specified in column 2 of this item The Public Service Commissioner for the Northern Territory 11 Persons employed by one of the following Northern Territory authorities (being bodies corporate referred to in paragraph (a) of the definition of "Northern Territory authority" in subsection 4 (1) of the Act, namely: (a) Northern Territory Power and Water Authority; (b) Territory Insurance Office The principal executive officer (however called) of the authority employing the persons specified in column 2 of this item 12 Persons employed by a particular Northern Territory authority (being a body corporate of the kind referred to in paragraph (a) of the definition of "Northern Territory authority" in subsection 4 (1) of the Act), other than persons specified in column 2 of item 10 or 11 The Minister administering the Act of the Northern Territory by or under which the authority employing the persons specified in column 2 of this item was established The authority employing the persons specified in column 2 of this item The Public Service Commissioner for the Northern Territory 13 Persons employed by a particular Northern Territory authority (being a body corporate of the kind referred to in paragraph (b) of the definition of "Northern Territory authority" in subsection 4 (1) of the Act). The Minister administering the Act of the Northern Territory by or under which the authority employing the persons specified in column 2 of this item was established The principal executive officer (however called) of the authority employing the persons specified in column 2 of this item The Public Service Commissioner for the Northern Territory ------------ 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - SCHEDULE 3 SCHEDULE 3 Paragraph 4 (2) (c) COMMONWEALTH AUTHORITIES (DEFINITION OF "PUBLIC REGR EMPLOYMENT") AUSSAT Pty Limited Australian Airlines Limited the Australian National Railways Commission the Australian Postal Corporation Australian Shipping Commission the Australian Telecommunications Corporation Commonwealth Banking Corporation the Overseas Telecommunications Commission (Australia) Qantas Airways Limited Snowy Mountains Engineering Corporation ------------ 1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - SCHEDULE 4 SCHEDULE 4 Regulation 20 PART I COMMONWEALTH AUTHORITIES (PRESCRIBED CLASS OF PUBLIC REGR EMPLOYMENT) Aboriginal Hostels Limited Australian Capital Territory Fire Brigade Australian Capital Territory Gaming and Liquor Authority Australian Industrial Development Corporation Australian Maritime College Canberra College of Advanced Education Canberra Theatre Trust Federal Airports Corporation Health Insurance Commission Pipeline Authority Reserve Bank of Australia The Australian National University PART II NORTHERN TERRITORY AUTHORITIES (PRESCRIBED CLASS OF PUBLIC REGR EMPLOYMENT) Aboriginal Sacred Sites Protection Authority Agricultural Development and Marketing Authority Alice Springs Town Council Darwin City Council Jabiru Town Development Authority Katherine Town Council Litchfield Shire Council Menzies School of Health Research Nhulunbuy Corporation Limited Northern Territory Fire Service Northern Territory Power and Water Authority Northern Territory Teaching Service Northern Territory Totalisator Administration Board Northern Territory Tourist Commission Palmerston Town Council Police Force of the Northern Territory Tennant Creek Town Council Territory Insurance Office Trade Development Zone Authority University of the Northern Territory - NOTES 1989 No. 12*1* INDUSTRIAL RELATIONS REGULATIONS *1* Notified in the Commonwealth of Australia Gazette on 13 February 1989.