INDUSTRIAL RELATIONS REGULATIONS (AMENDMENT) 1991 NO. 9 INDUSTRIAL RELATIONS REGULATIONS (AMENDMENT) 1991 NO. 9 - TABLE OF PROVISIONS 1.. Commencement 2.. Amendment 3.. Regulation 12 (Demarcation disputes) 4.. New regulation 40A 5.. Regulation 43 (Review of registration of small organisations) 6.. Part VII, Division 5 (Amalgamation of organisations) 7.. Schedule 1 (Forms) INDUSTRIAL RELATIONS REGULATIONS (AMENDMENT) 1991 No. 9 - REG 1. Commencement 1.1These Regulations commence on the commencement of the Industrial Relations Legislation Amendment Act 1990. INDUSTRIAL RELATIONS REGULATIONS (AMENDMENT) 1991 No. 9 - REG 2. Amendment 2.1The Industrial Relations Regulations are amended as set out in these Regulations. INDUSTRIAL RELATIONS REGULATIONS (AMENDMENT) 1991 No. 9 - REG 3. Regulation 12 (Demarcation disputes) 3.1Subregulation 12 (1): Omit "118 (6)", substitute "118A (5)". 3.2Subregulation 12 (1): Omit "118 (7)", substitute "118A (6)". INDUSTRIAL RELATIONS REGULATIONS (AMENDMENT) 1991 No. 9 - REG 4. New regulation 40A 4.1After regulation 40, insert: Registration of associations--prescribed particulars "40A. For the purposes of subsection 191 (1) of the Act, the following particulars are prescribed: (a) the name of the association applying for registration; and (b) the rules of the association relating to eligibility for membership; and (c) if the association is registered in relation to a particular industry--a description of that industry.". INDUSTRIAL RELATIONS REGULATIONS (AMENDMENT) 1991 No. 9 - REG 5. Regulation 43 (Review of registration of small organisations) 5.1Omit the regulation, substitute: Organisations of employees to lodge annual statements concerning number of members "43. (1) An organisation of employees must lodge in the Industrial Registry, not later than 1 March in each year (commencing in 1992), a statement, signed by an officer of the organisation who is authorised to sign it, that shows: (a) the number of persons who were, on 1 January in that year; both: (i) members of the organisation; and (ii) employees; and (b) if the organisation has entered into an agreement under subsection 202 (1) of the Act--the number of members of the organisation who were, on 1 January in that year, ineligible State members, in relation to the organisation, within the meaning of section 202 of the Act. "(2) An organisation that fails, without reasonable excuse, to lodge in a year a statement in compliance with subregulation (1) commits an offence. Penalty: $1,000.". INDUSTRIAL RELATIONS REGULATIONS (AMENDMENT) 1991 No. 9 - REG 6. Part VII, Division 5 (Amalgamation of organisations) 6.1Omit Division 5 of Part VII, substitute: "Division 5--Amalgamation of Organisations 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 242 of the Act in respect of the proposed amalgamation; `ballot' means a ballot referred to in Division 7 of Part IX of the Act; `closing day', in relation to a ballot, means the day fixed as the closing day of the ballot under subsection 253B (1) of the Act; `commencing day', in relation to a ballot, means the day fixed as the commencing day of the ballot under subsection 253B (1) of the Act; `inquiry' means an inquiry in accordance with section 253M of the Act into alleged irregularities in relation to a ballot; `Judge' means a Judge of the Court sitting in chambers; `multiple ballot paper' means a ballot paper that, under subsection 253J (3) of the Act, is to be used for 2 or more ballots; `scrutineer' means a person allowed to be a scrutineer under subregulation 95 (1) or (3). "(2) Unless the contrary intention appears, expressions used in this Division that are defined in section 234 of the Act have the same meanings as in Division 7 of Part IX of the Act. "(3) A reference in this Division to a document (however described) being signed by an authorised officer of a body is a reference to the document being signed by an officer of the body who is authorised by the body to sign the document. "(4) Unless the contrary intention appears, a reference in this Division to a ballot paper includes a reference to a multiple ballot paper. Federations "64. (1) An application under subsection 236 (1) of the Act must be accompanied by a copy of: (a) the proposed rules; or (b) the agreement relating to the powers and functions; of the proposed federation in respect of which the application is lodged. "(2) For the purposes of paragraph 236 (2) (b) of the Act, the following particulars are prescribed in relation to an application for recognition as a federation: (a) the name of the proposed federation; (b) the names of its constituent organisations; (c) its postal address or address for service; (d) the names of its proposed officers. "(3) For the purposes of subsection 236 (3) of the Act, the period of 3 years is prescribed. "(4) For the purposes of subsection 236 (4) of the Act, the following details are prescribed: (a) the federation's name; (b) the names of its constituent organisations. "(5) If, in accordance with subsection 236 (7) of the Act, a federation varies its composition, the Industrial Registrar must enter particulars of the variation in the register kept under paragraph 63 (1) (a) of the Act. "(6) For the purposes of paragraph 236 (8) (b) of the Act, the period of 3 years is prescribed. "(7) For the purposes of paragraph 236 (8) (c) of the Act, the following persons are prescribed: (a) the Minister; (b) a person or organisation interested in making the relevant application under that paragraph. "(8) If, after a federation has become registered under section 236 of the Act, there is a change in relation to: (a) any particular, in respect of the federation, of a kind specified in subregulation (2); or (b) the federation's rules; or (c) the agreement relating to the federation's powers and functions; the federation must, within 28 days, give a statement to the Industrial Registrar setting out full particulars of the change. "(9) A federation that fails, without reasonable excuse, to lodge a statement in compliance with subregulation (8) commits an offence. Penalty:$1,000.". Application for a community of interest declaration "65. An application under subsection 241 (1) of the Act must: (a) specify the grounds on which it is made; and (b) be signed by an authorised officer of each organisation lodging it. Application for approval for submission of amalgamation to ballot "66. (1) An application under subsection 242 (1) of the Act must: (a) specify one of the applicants as the applicant authorised to receive, on behalf of the applicants, service of: (i) documents in relation to the application or to the proposed amalgamation; and (ii) documents in relation to each proposed alternative amalgamation; and (b) be signed by an authorised officer of each applicant lodging it; and (c) be accompanied by a copy, signed by an authorised officer of the applicant whose committee of management passed it, of each resolution under subsection 240 (1) relating to the proposed amalgamation. "(2) Service of a document referred to in subparagraph (1) (a) (i) or (ii) on the applicant specified for the purposes of paragraph (1) (a) is taken to be service on each of the applicants. "(3) If the proposed amalgamation to which the application relates or any alternative provision of that proposed amalgamation, involves the registration of an association as an organisation, there must be lodged with the application copies, each of which is signed by an authorised officer of each organisation lodging it, of documents relating to the association that are documents of a kind referred to in subparagraph 33 (1) (c) (i), (ii), (iii) or (iv). Application for exemption from ballot "67. An application under subsection 244 (1) of the Act must: (a) specify the grounds on which it is made; and (b) be signed by an authorised officer of the organisation lodging it. Application for ballot not conducted under section 253J of the Act "68. An application under subsection 245 (1) of the Act must: (a) set out, or be accompanied by, a proposal that: (i) is of the kind referred to in that subsection; and (ii) complies with paragraph 253H (b) of the Act; and (b) be signed by an authorised officer of the organisation lodging it. Withdrawal of applications lodged under section 241, 242, 244 or 245 of the Act "69. (1) A party to an application under subsection 241 (1) or 242 (1) of the Act may lodge in the Industrial Registry a notice of withdrawal from the application. "(2) The parties to an application under subsection 241 (1) or 242 (1) of the Act may jointly lodge in the Industrial Registry a notice of withdrawal of the application. "(3) A party to an application under subsection 244 (1) or 245 (1) of the Act may lodge in the Industrial Registry a notice of withdrawal of the application. "(4) Each party to the lodgment of a notice of withdrawal must lodge with the notice a statement, signed by an authorised officer of that party, that the committee of management of that party has passed a resolution approving the proposed withdrawal. "(5) Where a notice is lodged under subregulation (1), the Industrial Registrar must take such steps as he or she thinks necessary to ensure that the notice is brought to the attention of the organisations, associations and persons likely to be affected by the withdrawal. Prescribed matters--subsection 251 (3) of the Act "70. For the purposes of subsection 251 (3) 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. Public notification of a refusal to approve the submission of an amalgamation to ballot "71. (1) If, under subsection 252 (2) of the Act, the designated Presidential member has refused to approve the submission of an amalgamation to ballot, the Industrial Registrar must cause a notice of the refusal to be published in one or more newspapers so that, in the Industrial Registrar's opinion, the notice is likely to come to the attention of persons likely to be affected by the proposed amalgamation. "(2) The form and content of the notice are matters for the Industrial Registrar's discretion, but the notice must: (a) specify the prescribed grounds on which an objection to a matter involved in a proposed amalgamation may be made under section 253 of the Act; and (b) state that any such objection must be lodged by a specified date, being the date by which, under regulation 72, such an objection must be lodged. Time for lodging an objection under section 253 of the Act "72. An objection under section 253 of the Act must be lodged: (a) by the date that the designated Presidental Member fixes; or (b) by any later date that the designated Presidental Member may substitute; or (c) if no date is fixed by the designated Presidental Member, within 28 days of the date of publication (or, if there is more than one such date, the first date of publication) of a notice under regulation 71 in relation to the relevant proposed amalgamation. Manner of making objections--section 253 of the Act "73. (1) An objection under section 253 of the Act must be made by lodging in the Industrial Registry, within the time prescribed by regulation 72, a notice of objection that: (a) shows the name and address of the person making the objection; and (b) specifies the grounds of the objection; and (c) sets out particulars of those grounds. "(2) A notice of objection lodged by an organisation must be under the seal of the organisation or be signed by an authorised officer of the organisation. Prescribed persons--subsection 253 (3) of the Act "74. For the purposes of subsection 253 (3) of the Act, any person or organisation interested in a proposed amalgamation is a prescribed person in relation to an objection to the amalgamation. Prescribed grounds--subsection 253 (3) of the Act "75. For the purposes of subsection 253 (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 meet (or, if the amalgamation takes effect, will not meet) 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 an existing organisation--that there is another organisation to which persons who: (i) are potential members of the amalgamating organisations; and (ii) would be ineligible to join any of the amalgamating organisations if the rules of those organisations were not widened; might conveniently belong. Service of notice of objection "76. A person or organisation lodging a notice of objection referred to in regulation 73 must serve a copy of it, within 7 days of the lodgment, on the relevant applicant that is specified for the purposes of paragraph 66 (1) (a). Statement in reply "77. (1) Where a copy of a notice of objection has been served under regulation 76, the relevant applicants may jointly lodge in the Industrial Registry a statement, signed by authorised officers of each applicant organisation or association, that sets out the facts relied on in answer to the objection. "(2) A statement under subregulation (1) must be lodged not later than 14 days after service under regulation 76 of the copy of the notice of objection to which the statement in reply relates. "(3) The applicants that have lodged a statement under subregulation (1) must serve a copy of it, within 7 days of the lodgment, on each party to the notice of objection. Hearing of objections "78. (1) The designated Presidential Member dealing with the application for a proposed amalgamation must: (a) fix a time and place for the hearing of the objections (if any) lodged under section 253 of the Act in relation to the application; and (b) cause notice of that time and place to be served on the applicants and on each objector whose objection is to be heard at that hearing. "(2) The designated Presidential Member may fix under subregulation (1), if he or she sees fit, separate hearings in respect of different objections. "(3) The designated Presidential Member, in fixing a time under subregulation (1), must have regard to regulations 76 and 77. "(4) At the hearing of an objection, the designated Presidential Member may, if he or she thinks fit, allow oral evidence to be given. Applicants to be heard before an application may be refused under section 253A of the Act "79. Before deciding to refuse to approve, under section 253A of the Act, the submission of an amalgamation to ballot, the designated Presidential Member must give the applicants for the approval the opportunity to be heard. Roll of voters--preparation "80. The roll of voters for a ballot of the members of an organisation must: (a) be prepared at the direction of the electoral official conducting the ballot; and (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. Roll of voters--inspection etc. "81. (1) An electoral official conducting a ballot of the members of an organisation must cause the roll of voters for the ballot to be available, during the period specified in relation to the ballot by subregulation (3), for inspection and copying in accordance with subregulation (2), during ordinary hours of business at the place at which the official carries out his or her duties in relation to the ballot. "(2) Members of the organisation and any other persons so authorised by the electoral official conducting the ballot are entitled: (a) to inspect the roll of voters for the ballot; and (b) to take copies of the roll or of parts of the roll; at the times and place referred to in subregulation (1). "(3) For the purposes of subregulation (1), the period specified in relation to a ballot is the period that: (a) 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 (b) ends 30 days after the declaration of the result of the ballot. Form and publication of notice of ballot "82. (1) Where a designated Presidential Member has fixed under section 253B of the Act the commencing day and the closing day of the ballot on a proposed amalgamation, the electoral official conducting the ballot must cause a notice of the fixing of the days to be given to the members entitled to vote at the ballot. "(2) The electoral official may, at his or her discretion, cause the notice under subregulation (1) to be given by post, by newspaper advertisement or by such other reasonable means as the electoral official thinks necessary to ensure that the notice is brought to the attention of the members entitled to vote at the ballot. Conduct of ballot "83. (1) Subject to the Act and these Regulations, the electoral official conducting a ballot of members of an organisation may take action and give any direction that he or she reasonably considers to be necessary for ensuring that no unlawful disclosure or other irregularity occurs in relation to the ballot. "(2) A person must not, without reasonable excuse, refuse or fail to comply with a direction lawfully given to him or her under subregulation (1). Penalty: (a) in the case of an individual--$500; or (b) in the case of a body corporate--$1,000. Scheme for amalgamation--Industrial Registrar to supply copies of documents "84. Where an organisation has applied for approval for the submission of an amalgamation to ballot, the Industrial Registrar must promptly supply to the Australian Electoral Commission: (a) a copy of the scheme for amalgamation that was lodged with the application; and (b) a copy of the outline of the scheme of amalgamation lodged under section 253F of the Act; and (c) a copy of each statement lodged under section 246 or 253D of the Act in relation to the proposed amalgamation; and (d) a copy of each amendment of, or document lodged in substitution for, a document referred to in paragraph (a), (b) or (c). Scheme for amalgamation--electoral official to supply copies of documents on request "85. Where: (a) the Australian Electoral Commission has received one or more documents under paragraph 84 (a) or (b); and (b) a person entitled to vote at the ballot makes a written or oral request to the official for a copy of the document or of any of the documents; the electoral official conducting the ballot must promptly supply to the person that copy or those copies without charge. Ballot not conducted under section 253J of the Act--electoral official to fix commencement and closing times, and provide information and material to persons entitled to vote "86. (1) Where a designated Presidential member approves, under section 253H of the Act, a proposal for submission of a proposed amalgamation to a ballot that is not conducted under section 253J of the Act, an electoral official must: (a) fix the places, and the times of commencement and closing, of the meetings of members at which the ballot on the proposal will be conducted; and (b) include in the notice given under regulation 82 in relation to the ballot details of: (i) the places and times so fixed; and (ii) the procedure for obtaining and exercising an absentee vote in relation to the ballot; and (c) post to each person entitled to vote at the ballot, at the postal address of the person shown on the roll of voters: (i) a copy of the latest version (incorporating all subsequent amendments) of the outline of the relevant scheme for amalgamation lodged under paragraph 242 (2) (b) of the Act; and (ii) copies of the latest version (incorporating all subsequent amendments) of each statement lodged under subsection 246 (1) or 253D (2) of the Act; and (iii) notification of the entitlement of the person to obtain a copy of the relevant scheme for amalgamation lodged under paragraph 242 (2) (a) of the Act or, where appropriate, of that scheme as amended or substituted, together with particulars of the place where, and the means by which, that copy may be obtained. "(2) Documents required to be posted under subregulation (1) must be posted in sufficient time for them to be delivered, in the ordinary course of post, at least 7 days before the relevant commencing day. Ballot papers--forms "87. (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: (a) may, if the organisation makes an election to that effect, be in accordance with Form 7; and (b) must, 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: (a) may, if the organisation makes an election to that effect, be in accordance with Form 9; and (b) must, in any other case, be in accordance with Form 10. "(3) An election under paragraph (1) (a) or (2) (a) must be approved by the committee of management of the organisation. "(4) Notice of an election of a kind mentioned in subregulation (3), and a statement signed by an authorised officer of the organisation that the committee of management of the organisation has approved the election, must be lodged in the Industrial Registry: (a) at the time of lodgment of the relevant application under section 242 of the Act in respect of the proposed amalgamation; or (b) within such further time as a designated Presidential Member allows. Issuing of ballot papers--attendance voting "88. In respect of a ballot of the kind referred to in section 253H of the Act, an electoral official must issue to each person entitled to vote at the ballot a ballot paper or multiple ballot paper, as the case requires, that bears: (a) the initials of the electoral official; or (b) a facsimile of those initials. Dispatch of ballot papers--secret postal ballots "89. As soon as practicable, but not earlier than 2 days before the commencing day of a ballot or ballots of the kind referred to in section 253J of the Act, an electoral official must send to each person entitled to vote at the ballot a sealed envelope, addressed to the postal address of the person shown on the roll of voters, containing: (a) one ballot paper or multiple ballot paper, as the case requires, for the ballot that bears: (i) the initials of the electoral official; or (ii) a facsimile of those initials; and (b) any document that the Act requires to be sent with the ballot paper; and (c) any other material that the electoral official considers to be relevant to the ballot; and (d) an envelope, addressed to the electoral official, that may be posted without cost to the voter; and (e) details of the place where the person may obtain a copy of the relevant scheme for amalgamation lodged under paragraph 242 (2) (a) of the Act or, where appropriate, of that scheme as amended or of a subsequent scheme. Duplicate ballot papers--attendance voting "90. Where a voter at a ballot of the kind referred to in section 253H of the Act satisfies the presiding electoral official, before depositing the ballot paper or multiple ballot paper in the ballot box, that the voter has accidentally spoilt the paper, the official must: (a) mark `spoilt' on the paper; and (b) initial the paper where so marked and retain it; and (c) issue a fresh ballot paper or multiple ballot paper, as the case requires, to the voter. Duplicate ballot paper etc.--postal voting "91. (1) Where, on the application in writing of a person in accordance with subregulation (2), an electoral official is satisfied that: (a) a ballot paper or multiple ballot paper; or (b) another document required to accompany a ballot paper or ballot papers; that was posted to the person in accordance with regulation 89 or for the purposes of subparagraph 253H (b) (vi): (d) has not been received by the person; or (e) has been lost or destroyed; or (f) in the case of a ballot paper or multiple ballot paper, has been spoilt; the electoral official must promptly issue a duplicate of the relevant document to the person. "(2) An application under subregulation (1) must: (a) be received by the official on or before the closing day of the ballot; and (b) set out the grounds on which the application is made; and (c) where practicable, be substantiated by evidence that verifies, or tends to verify, those grounds; and (d) contain a declaration to the effect that the person has not voted at the ballot; and (e) in a case mentioned in paragraph (1) (f), be accompanied by that paper. "(3) An electoral official to whom a spoilt paper is returned in accordance with paragraph (2) (e) must deal with the paper in the manner specified in paragraphs 90 (a) and (b). Manner of voting "92. A person voting at a ballot of the members of an organisation in respect of a proposed amalgamation or proposed alternative amalgamation must record his or her vote on the ballot paper in the following manner: (a) where the organisation has made an election under paragraph 87 (1) (a) or (2) (a) 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 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. Custody of ballot papers "93. (1) The electoral official conducting a ballot or ballots of the members of an organisation must keep the ballot papers and other material relating to the ballot or ballots in safe custody until a scrutiny has been conducted in accordance with regulation 94. "(2) Where, after the closing day of a ballot or ballots of the kind referred to in section 253J of the Act, the electoral official receives envelopes that purport to contain ballot papers relating to the ballot or ballots, he or she must keep them in safe custody. Scrutiny "94. (1) The electoral official conducting a ballot or ballots of the members of an organisation must ascertain the result of the ballot or ballots by conducting a scrutiny in accordance with this regulation. "(2) As soon as practicable after the close of the ballot, the electoral official must: (a) admit the valid votes and reject the informal votes; and (b) count the valid votes, and record the number: (i) in favour of the proposal; and (ii) against the proposal; and (c) count the informal votes. "(3) In the case of a scheme for amalgamation that contains a proposed alternative provision, if the electoral official is satisfied that the result of the ballot on that provision may be required to be known for the purposes of the Act he or she must: (a) admit the valid votes, and reject the informal votes, on that provision; and (b) count the valid votes, and record the number: (i) in favour of that provision; and (ii) against that provision; and (c) count the informal votes on that provision. "(4) Subject to subregulation (5), a vote is informal only if: (a) the ballot paper does not bear: (i) the initials of an electoral official; or (ii) a facsimile of those initials; or (b) the ballot paper or the envelope containing it is marked in a way that permits the voter to be identified; or (c) the ballot paper is not marked in a way that makes it clear how the voter meant to vote. "(5) A vote is not informal by reason of paragraph (4) (a) if the electoral official is satisfied that the ballot paper in question is authentic. "(6) If the electoral official conducting the ballot is informed by a scrutineer that the scrutineer objects to a ballot paper being admitted as formal or rejected as informal, as the case may be, the official must: (a) decide whether the ballot paper is to be admitted as formal or rejected as informal; and (b) must endorse that decision on the ballot paper and initial the endorsement. "(7) If the electoral official conducting the ballot is informed by a scrutineer to the effect that, in the scrutineer's opinion, an error has been made in the conduct of the scrutiny, the official must decide whether an error has been made and, where appropriate, the official must direct what action is to be taken to correct or mitigate the error. Scrutineers "95. (1) In relation to a ballot of the members of an organisation on a proposed amalgamation, the committee of management of the organisation may appoint members as scrutineers to safeguard the interests of the members who approve of the amalgamation. "(2) An appointment under subregulation (1) must be made by an instrument signed on behalf of the committee of management by an authorised officer of the organisation. "(3) Where members of an organisation have lodged, under subsection 253D (2) of the Act, a written statement in opposition to the proposed amalgamation or any proposed alternative amalgamation, the electoral official conducting a ballot of the members of the organisation in respect of the amalgamation must allow members of the organisation, being persons who appear to the official to represent the first-mentioned members, to be scrutineers in relation to the ballot to safeguard the interests of members who disapprove of the amalgamation. "(4) Subject to subregulations (5), (6) and (7): (a) a scrutineer may be present: (i) at the issue of ballot papers under regulation 88; and (ii) at the preparation and despatch of ballot material under regulations 86 and 89; and (iii) at the receipt and placement of ballot material in safe custody under regulation 93; and (iv) at the scrutiny of ballot material under regulation 94; and (b) at that scrutiny: (i) if the scrutineer objects to a decision that a ballot paper is formal or informal, as the case may be; or (ii) if the scrutineer considers that an error has been made in the conduct of the scrutiny; the scrutineer may inform that official accordingly. "(5) At any time during the period of scrutiny: (a) the number of scrutineers appointed under subregulation (1) and in attendance at the scrutiny; and (b) the number of scrutineers referred to in subregulation (3) and in attendance at the scrutiny; must not, in either case, exceed the number of electoral officials engaged on the scrutiny at that time. "(6) If a person appointed under subregulation (1) fails to produce the person's instrument of appointment for inspection by the electoral official conducting the ballot when requested by the official to do so, the official may refuse to allow the person to attend or act as a scrutineer. "(7) If a person: (a) is not entitled to be present, or to remain present, at the scrutiny; or (b) interrupts the scrutiny of a ballot, otherwise than for the purpose of performing a function referred to in paragraph (4) (a) or (b); the electoral official conducting the ballot may direct that person to leave the place where the scrutiny is being conducted. "(8) A person who, without reasonable excuse, fails to comply with a direction given to him or her under subregulation (7) commits an offence. Penalty: $500 Certificate showing particulars of the ballot "96. (1) Not later than 14 days after the closing day of a ballot, the electoral official conducting the ballot must prepare, date and sign a certificate showing, in relation to the ballot: (a) the total number of persons on the roll of voters; and (b) the total number of ballot papers issued; and (c) where applicable, the total number of envelopes posted in accordance with regulation 89 or for the purposes of subparagraph 253H (b) (vi) that were returned undelivered by the closing date of the ballot to the Australian Electoral Commission; and (d) the total number of ballot papers received by the official; and (e) the total number of votes in favour of the question set out on the ballot paper; and (f) the total number of votes not in favour of the question set out on the ballot paper; and (g) the total number of informal ballot papers. "(2) Subregulation (1) does not apply in relation to a ballot that was conducted under subsection 253J (2) of the Act, if by reason of subsection 253J (4) of the Act the electoral official conducting the ballot did not count the votes in the ballot. "(3) Immediately after signing a certificate referred to in subregulation (1) in relation to a ballot, the electoral official must: (a) send or deliver the certificate to the Industrial Registrar; and (b) send or deliver a copy of the certificate to each of the organisations concerned in the proposed amalgamation for the purposes of which the ballot was conducted. Preservation of ballot papers etc. "97. The Australian Electoral Commission must 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 253M of the Act for an inquiry; or (b) where an application of the kind referred to in paragraph (a) has been made in relation to the ballot--until the application has been disposed of. Inquiry into ballot irregularity--application "98. (1) An application to the Court under subsection 253M (1) of the Act for an inquiry must be: (a) in accordance with Form 11; and (b) accompanied by a statutory declaration verifying the facts set out in the application. "(2) For the purposes of this Division, an inquiry is taken to have been instituted when an application is lodged in accordance with subregulation (1). Inquiry into ballot irregularity--directions as to hearing "98A. Where an inquiry has been instituted, the Court or a Judge must fix a time and place for conducting the inquiry and may give such directions as it, he or she thinks necessary to ensure that all persons who are or may be entitled to appear, or to be represented, at the inquiry are notified of the time and place so fixed. Inquiry into ballot irregularity--inspection of documents "98B. (1) Where an inquiry has been instituted, the Court or a Judge may 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. "(2) A person must not wilfully hinder or obstruct a person carrying out an inspection authorised under subregulation (1). Penalty: (a) in the case of an individual--$500; or (b) in the case of a body corporate--$1,000. Inquiry into ballot irregularity--procedure at hearing "98C. (1) The Court may allow any person to appear or be represented at an inquiry, and that person is taken to be a party to the proceedings. "(2) Subject to the Act and these Regulations: (a) the procedure of the Court at an inquiry is within the discretion of the Court; and (b) the Court is not bound, in conducting the inquiry, to act in a formal manner or to apply any rules of evidence, but may inform itself of any matter in any manner that it thinks fit. Inquiry into ballot irregularity--interim orders in case of uncompleted ballot "98D. (1) At any time after an inquiry has been instituted and before the Court finds whether there has been an irregularity that may affect, or may have affected, the result of the ballot that is uncompleted the Court may, if it thinks fit: (a) order than no further steps are to be taken in the conduct of the ballot; and (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) continues in force until the conclusion of the inquiry, unless the order: (a) is expressed to expire at some other time; or (b) is discharged before the conclusion of the inquiry. "(3) A person must not wilfully refuse or fail to comply with an order of the Court under subregulation (1). Penalty: (c) in the case of an individual--$500; or (d) in the case of a body corporate--$1,000. Public notification of amalgamation day "98E. (1) Where a designated Presidential Member has fixed, under subsection 253Q (2) of the Act, a day as the day on which an amalgamation is to take effect, the Industrial Registrar must cause a notice of the fixing of the day to be published in one or more newspapers so that, in the Registrar's opinion, the notice is likely to come to the attention of interested persons, including the members of the organisations, and any associations, to be amalgamated. "(2) A notice published in accordance with subregulation (1) is taken to be a notice published by the designated Presidential Member for the purposes of subsection 253Q (2) of the Act. Registration of amalgamated organisations--prescribed particulars "98F. For the purposes of paragraph 253Q (3) (a) of the Act, the following particulars in relation to a proposed amalgamated organisation are prescribed: (a) the name of the proposed organisation; (b) the rules of the proposed organisation relating to eligibility for membership; (c) if the proposed organisation is registered in relation to a particular industry--a description of that industry. Notification of decisions, ballots, etc.--additional means may be used "98G. A requirement in this Division for a person to give notice, or to publish notice, of a matter in a specified manner does not preclude that person from giving or publishing additional notice of the matter by other reasonable means.". INDUSTRIAL RELATIONS REGULATIONS (AMENDMENT) 1991 No. 9 - REG 7. Schedule 1 (Forms) 7.1Forms 5 and 6 Omit the forms. 7.2Form 7, heading: Omit "Subregulations 84 (1) and (3)", substitute "Subregulation 87 (1)". 7.3Form 7, Further Directions: Omit. 7.4Form 8, heading: Omit "Subregulation 84 (1)", substitute "Subregulation 87 (1)". 7.5Form 8, Further Directions: Omit. 7.6Form 9, heading: Omit "Subregulations 84 (2) and (4)", substitute "Subregulation 87 (2)". 7.7Form 9, Directions to Voter, clause 1: Omit "2", substitute "[number]". 7.8Form 9, Further Directions: Omit. 7.9Form 10, heading: Omit "Subregulation 84 (2)", substitute "Subregulation 87 (2)". 7.10Form 10, Directions to Voter, clause 1: Omit "2", substitute "[number]". 7.11Form 10, Further Directions: Omit. 1. Notified in the Commonwealth of Australia Gazette on 31 January 1991. 2. Statutory Rules 1989 No. 12 as amended by 1989 Nos. 107 and 288; 1990 Nos. 328 and 461. INDUSTRIAL RELATIONS REGULATIONS (AMENDMENT) 1991 NO. 9 - NOTES Compilation Information I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and under section 4 of the Acts Interpretation Act 1901, hereby make the following Regulations under the Industrial Relations Act 1988. Dated 29 January 1991. BILL HAYDEN Governor-General By His Excellency's Command, R. McMULLAN Parliamentary Secretary to the Treasurer for and on behalf of the Minister of State for Industrial Relations ____________