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WESTERN AUSTRALIA
LEGISLATIVE COUNCIL
(The Hon. Helen Hodgson, MLC)
LABOUR RELATIONS
LEGISLATION AMENDMENT
(No. 2) BILL 1997
A BILL FOR
AN ACT to amend the Labour Relations Legislation
Amendment Act 1997.
The Parliament of Western Australia enacts as follows:
PART 1
Short title
1. This Act may be cited as the Labour Relations Legislation
5 Amendment (No.2) Act 1997.
No. 64 -- 1
Labour Relations Legislation Amendment
cl. 2 (No. 2) Bill 1997
Commencement
2. This Act comes into operation on the day on which it
receives the Royal Assent.
Principal Act
5 3. In this Act the Labour Relations Legislation Amendment Act
1997 is referred to as the principal Act.
Part 3 repealed and substituted
4. Part 3 of the principal Act is repealed and the following Part
is substituted --
10 ``
PART 3 -- PRE-STRIKE BALLOTS
Part VIB inserted
9. After Part VIA of the principal Act the following Part is
inserted --
15 `` PART VIB -- PRE-STRIKE BALLOTS
Pre-Strike Ballots ordered by Commission
97. Commission may order secret ballot
(1) Where --
(a) an organisation is concerned in an
20 industrial dispute with which the
Commission is empowered to deal (whether
or not proceedings in relation to the dispute
are before the commission); and
2
Labour Relations Legislation Amendment
(No. 2) Bill 1997 cl. 4
(b) the commission considers that the
prevention or settlement of the industrial
dispute might be helped by finding out the
attitudes of the members, or the members
5 of a section or class of the members, of the
organisation or a branch of the
organisation in relation to a matter;
the Commission may order that a vote of other
members be taken by secret ballot (with or without
10 provision for absent voting), in accordance with
directions given by the commission, for the purpose of
finding out their attitudes to the matter.
(2) Where it appears to the Commission --
(a) that industrial action is being taken or the
15 taking of industrial action is threatened,
impending or probable; and
(b) that finding out the attitudes of the
members, or the members of a section or
class of the members, of the organisation
20 concerned or a branch of the organisation,
in relation to the matter, might help to stop
or prevent the industrial action, or might
help the settlement of the matters giving
rise to the industrial action;
25 the Commission may order that a vote of the members
be taken by secret ballot (with or without provision for
absent voting), in accordance with directions given by
the commission, for the purpose of finding our their
attitudes to the matter.
30 (3) If --
(a) the Commission is required under this Part
to be satisfied that a valid majority of
persons employed at a particular time
3
Labour Relations Legislation Amendment
cl. 4 (No. 2) Bill 1997
whose employment is or will be subject to
an agreement have genuinely made the
agreement or given an approval; and
(b) the Commission is not so satisfied;
5 then --
(c) the Commission may order that a vote be
taken by secret ballot (with or without a
provision for absent voting), in accordance
with directions given by the Commission, of
10 persons employed at the time of the ballot
whose employment is or will be subject to
the agreement to determine whether they
would make the agreement or give the
approval; and
15 (d) if a majority of the validly cast votes is in
favour of making the agreement or giving
the approval, the Commission is taken to
be satisfied of the requirement.
(4) If it appears to the Commission that -
20 (a) industrial action is being taken or the
taking of industrial action is threatened,
impending or probable; and
(b) finding out, in relation to a matter, the
attitudes of the employees whose
25 employment will be subject to the proposed
agreement concerned might help to stop or
to prevent the industrial action, or might
help the settlement of the matters giving
rise to the industrial action;
30 the Commission may order that a vote of the
employees be taken by secret ballot (with or without a
provision for absent voting), in accordance with
4
Labour Relations Legislation Amendment
(No. 2) Bill 1997 cl. 4
directions given by the Commission, for the purpose of
finding out their attitudes in relation to the matter.
(5) The powers of the commission to make an
order under subsection (1) or (2) and to revoke such an
5 order, are exercisable only by the Full Bench.
Chief Commissioner
97A. Application by members of organisation
for secret ballot
(1) Where --
10 (a) the members, or the members of a section
or class of the members, of an organisation
or branch to engage in industrial action;
and
(b) the members directed or required are, or
15 include, members (in this section called the
relevant affected members) who are
employed by a particular employer at a
particular place of work;
application may be made to the Commission, by at
20 least the prescribed number of relevant affected
members, for an order under subsection (2).
(2) Subject to this section, the Commission shall
order that a vote of the relevant affected members be
taken by secret ballot (with or without the provision
25 for absent voting), in accordance with directions given
by the Commission, for the purpose of finding out
whether or not those members support the industrial
action.
5
Labour Relations Legislation Amendment
cl. 4 (No. 2) Bill 1997
(3) If the Commission considers that the
application should be refused because-
(a) finding out the attitudes of the relevant
affected members would not help-
5 (i) to stop or prevent the industrial
action; or
(ii) to settle the matters giving rise to the
industrial action;
(b) the industrial action has stopped or is
10 about stop; or
(c) the industrial action is not likely to
happen;
the Commission shall --
(d) if the Commission is constituted by the
15 Chief Commissioner or a Full Bench -
refuse the application; or
(e) if the Commission is not constituted by the
Chief Commissioner or a Full Bench - refer
the application to the Chief Commissioner.
20 (4) If the Application is referred to the Chief
Commissioner, the Commission shall deal with the
application.
(5) The powers of the Commission to make an
order under subsection (2), and to revoke an order
25 under that subsection, are exercisable only by a Chief
Commissioner or a Full Bench.
(6) Where 2 or more applications are made to the
Commission under subsection (1) in relation to a
particular place of work or a group of employees of a
6
Labour Relations Legislation Amendment
(No. 2) Bill 1997 cl. 4
particular employer, the Chief Commissioner may
assign the applications to one Commissioner or a Full
Bench.
(7) Where, in considering an application under
5 subsection (1), it appears to the Commission that, in
all the circumstances, it would be appropriate to make
an order for a secret ballot under subsection 97 (1) or
(2) rather than under subsection (2) of this section, the
Commission may act accordingly.
10 (8) Where --
(a) the Commission has made an order for a
secret ballot under subsection (2) of this
section or under subsection 97 (1) or (2);
and
15 (b) before the vote is taken, the Commission
forms the view that the secret ballot should
not be proceeded with because --
(i) the industrial dispute has been made,
or is about to be, settled; or
20 (ii) the industrial action has stopped, is
about to stop or is not likely to
happen;
the Commission shall revoke the order.
(8A) If --
25 (a) the Commission has made an order for a
secret ballot under subsection 97(3); and
(b) before the vote is taken, the Commission
forms the view that the secret ballot should
not be proceeded with because it has
30 satisfied itself that the requirement
7
Labour Relations Legislation Amendment
cl. 4 (No. 2) Bill 1997
mentioned in paragraph (a) of that
subsection has been met;
the Commission must revoke the order.
(8B) If --
5 (a) the Commission has made an order for a
secret ballot under subsection 97(4); and
(b) before the vote is taken, the Commission
forms the view that the secret ballot should
not be proceeded with because it has
10 satisfied itself that -
(i) the matters giving rise to the
industrial action have been, or are
about to be, settled; or
(ii) the industrial action has stopped or
15 been prevented, or is about to stop or
be prevented;
the Commission must revoke the order.
(9) For the purposes of this section, a direction or
request to members of an organisation or branch of an
20 organisation that is given or made by or on behalf
of --
(a) the committee of management of the
organisation or branch;
(b) an officer, employee or agent of the
25 organisation or branch acting in that
capacity;
8
Labour Relations Legislation Amendment
(No. 2) Bill 1997 cl. 4
(c) a member or group of members of the
organisation or branch authorised to give
the direction or request by --
(i) the rules of the organisation or
5 branch;
(ii) the committee of management of the
organisation or branch; or
(iii) an officer, employee or agent of the or
ganisation or branch acting in that
10 capacity; or
(d) a member of the organisation or branch,
who performs the function of dealing with
an employer on behalf of the member and
other members of the organisation or
15 branch, acting in that capacity;
shall be taken to be a direction or request by the
organisation or branch, as the case may be.
(10) In this section --
``place of work'', in relation to a group of
20 employees of an employer, includes any
place at which the employees included in
the group are required to report (whether
in person, by telephone or by any other
form of communication) for the purpose of
25 being allocated work by the employer or for
any other purpose connected with the
carrying on of the business of the employer;
and
9
Labour Relations Legislation Amendment
cl. 4 (No. 2) Bill 1997
``prescribed number'', in relation to members
of an organisation or branch of an
organisation employed by a particular
employer at a particular place of work,
5 means --
(a) if there are less than 80 members of
the organisation employed by the
employer at the place of work -- 4;
(b) if there are not less than 80, but not
10 more than 5,000 members of the
organisation or branch employed by
the employer at the place of
work -- 5% of the number of
members so employed; or
15 (c) if there are more than 5,000 members
of the organisation or branch
employed by the employer at the
place of work -- 250.
97B. Scope of direction for secret ballots
20 (1) Directions given by the Commission under
this Part shall provide for all matters relating to the
ballot concerned, including the following matters --
(a) the questions to be put to the vote;
(b) the eligibility of persons to vote;
25 (c) the conduct of the ballot generally.
(2) Before giving a direction relating to the
conduct of the ballot, the Commission shall consult
with the Industrial Registrar or, if the ballot is to be
conducted by the West Australian Electoral
30 Commission, with the Electoral Commissioner.
10
Labour Relations Legislation Amendment
(No. 2) Bill 1997 cl. 4
97C. Conduct of ballot
(1) Where, under section 97 or 97A, the
Commission orders the holding of a secret ballot, the
Commission shall, by order --
5 (a) direct the organisation concerned to make
arrangements for the conduct of the ballot
by a person approved by the Industrial
Registrar; or
(b) direct the Industrial Registrar to make
10 arrangements for the conduct of the ballot;
and may give any further directions that it considers
necessary for ensuring the secrecy of votes and
otherwise for the purposes of the conduct of the ballot
or the communication of the result to the Commission.
15 (2) A direction shall not be given under
paragraph (1)(a), if the order for the holding of the
secret ballot concerned was made under subsection
97A(2).
(3) Where a direction is given under paragraph
20 (1)(a), the State is liable to pay to the organisation the
reasonable costs of the conduct of the ballot concerned
as assessed by a Registrar.
(4) Where a direction is given under paragraph
(1)(b), the Industrial Registrar shall conduct the ballot
25 concerned or make arrangements for its conduct, in
accordance with the direction.
11
Labour Relations Legislation Amendment
cl. 4 (No. 2) Bill 1997
(5) Where the result of a ballot conducted under
an order under section 97 or 97A is communicated to
the Commission, the Commission shall cause the
Industrial Registrar to inform each of the following
5 persons, by written notice, of the result --
(a) the persons who were eligible to vote in the
ballot;
(b) the organisation (if any) to which those
persons belonged, and the employers by
10 whom those persons were employed, when
those persons became eligible to vote in the
ballot.
(6) Where the Commission forms the view that
the results of a ballot conducted under an order under
15 subsection 97A(2) show that the majority of the
members of an organisation, or a branch of an
organisation, who recorded a valid vote in the ballot
were not in favour of engaging in the industrial action
concerned, the Commission shall cause the Industrial
20 Registrar to include in each notice issued under
subsection (5) in relation to the ballot a statement of
the view formed by the Commission.
97D. Commission to have regard to result of
ballot
25 In any conciliation or arbitration proceeding before the
Commission in relation to a matter in relation to
which the attitudes of persons have ben expressed in a
ballot conducted under an order under subsection
97(1),(2) or (4) or section 97A, the Commission shall
30 have regard to the result of the ballot.
12
Labour Relations Legislation Amendment
(No. 2) Bill 1997 cl. 4
97E. Certain members not required to obey
directions of organisation
(1) Where a notice under subsection 97C(5) in
relation to a ballot that is issued to a member of an
5 organisation, or a branch of an organisation, includes
a statement that the Commission has formed the view
that the results of the ballot show that the majority of
the members of the organisation or branch who
recorded a valid vote in the ballot were not in favour
10 of engaging in the industrial action concerned, then, in
spite of any rule or practice of the organisation or the
branch, the member is not required to obey any
direction or request given or made by the organisation
or branch in relation to engaging in, or supporting in
15 any way, the industrial action.
(2) For the purpose of subsection (1), a direction
or request to members of an organisation that is given
or made by or on behalf of --
(a) the committee of management of the
20 organisation or branch;
(b) an officer, employee or agent of the
organisation or branch acting in that
capacity;
(c) a member or group of members of the
25 organisation or branch authorised to give
the direction or request by --
(i) the rules of the organisation or
branch;
(ii) the committee of management of the
30 organisation or branch; or
(iii) an officer, employee or agent of the
organisation or branch acting in that
capacity; or
13
Labour Relations Legislation Amendment
cl. 5 (No. 2) Bill 1997
(d) a member of the organisation or branch,
who performs the function of dealing with
an employer on behalf of the member and
other members of the organisation or
5 branch, acting in that capacity;
shall be taken to be a direction by the organisation or
branch, as the case may be.''
''.
New Part 3A
10 5. After Part 3 of the principal Act the following Part is
inserted --
``
PART 3A--LIMITED IMMUNITY FOR
INDUSTRIAL ACTION
15 Part VIBB inserted
10. After Part VIB of the principal Act the following Part
is inserted --
`` PART VIBB -- LIMITED IMMUNITY
FOR INDUSTRIAL ACTION
20 97F. Interpretation
(1) In this Part --
``balloted industrial action'' means any action
taken by an employee that is in accordance
with the majority vote in a ballot conducted
25 under Part 3;
14
Labour Relations Legislation Amendment
(No. 2) Bill 1997 cl. 5
``general industrial action'' means any action
taken by an employer or employee for the
purpose of --
(a) compelling or inducing an employer to
5 accept particular terms or conditions
of employment; or
(b) enforcing compliance with any
demand relating to employment;
``industrial action'' means --
10 (a) the performance of work in a manner
different from that in which it is
customarily performed, or the
adoption of a practice in relation to
work, the result of which is a
15 restriction or limitation on, or a delay
in, the performance of the work;
(b) a ban, limitation or restriction on the
performance of work, or acceptance of
or offering for work; or
20 (c) a failure or refusal to attend for work
or a failure or refusal to perform any
work at all;
``lock out'', in relation to an employee, means
prevent the employee from performing
25 work under a contract of employment
without terminating the contract;
``WA'' means a workplace agreement made in
accordance with the Workplace Agreements
Act 1993; and
15
Labour Relations Legislation Amendment
cl. 5 (No. 2) Bill 1997
``WA industrial action'' means --
(a) any industrial action taken by an
employee directly against an employer
for the purpose of compelling or
5 inducing the employer --
(i) to make a WA, on particular
terms and conditions, with the
employee; or
(ii) to make WA, on particular
10 terms and conditions, with the
employee and other employees;
or
(b) an employer locking out an employee
for the purpose of compelling or
15 inducing the employee to make a WA,
on particular terms and conditions,
with the employer.
(2) In this Part, a reference to taking action
includes a reference to --
20 (a) omitting to do something; or
(b) bringing about a circumstance.
97G. Limited immunity conferred
(1) Subject to subsection (2), no action lies in
respect of WA industrial action or balloted industrial
25 action unless the action has involved or is likely to
involve --
(a) personal injury;
(b) wilful or reckless destruction of, or damage
to, property; or
16
Labour Relations Legislation Amendment
(No. 2) Bill 1997 cl. 5
(c) the unlawful taking, keeping or use of
property.
(2) Subsection (1) does not prevent an action for
defamation being brought in respect of anything that
5 occurred in the course of industrial action.
(3) If an employer locks out an employee under
subsection (1), the employer is entitled to refuse to pay
any remuneration to the employee in respect of the
period of the lockout.
10 (4) An employer is not entitled to lock out an
employee under subsection (1) unless the continuity of
the employee's employment, for such purposes as are
prescribed by the regulations, is not affected by the
lockout.
15 97H. Immunity conditional on giving notice
(1) The immunity conferred by section 97G in
respect of WA industrial action does not apply unless
3 working days' notice of the intention to take the
action was given to the other party in the manner and
20 form required by the regulations.
(2) Notice need not be given by an employee
under subsection (1) if the employer is taking general
industrial action.
(3) Notice need not be given by an employer
25 under subsection (1) if the employee is taking general
industrial action.
97I. Employer not to dismiss, prejudice etc. an
employee for taking WA industrial action
(1) An employer must not --
30
(a) dismiss an employee, injure an employee in
his or her employment or alter the position
of an employee to the employee's prejudice;
17
Labour Relations Legislation Amendment
cl. 6 (No. 2) Bill 1997
(b) threaten to dismiss an employee, injure an
employee in his or her employment or alter
the position of an employee to the
employee's prejudice;
5 wholly or partly because the employee is proposing to
take, is taking or has taken, WA industrial action.
(2) Subsection (1) does not apply to any of the
following actions taken by the employer --
(a) standing-down the employee;
10 (b) refusing to pay the employee where, under
the common law, the employer is permitted
to do so because the employee has not
performed work as directed;
(c) action of the employer that is itself WA
15 industrial action to which section 97G
applies.
(3) In proceedings against an employer under this
Act for an alleged contravention of subsection (1) of
this section, it is to be presumed, unless the employer
20 proves otherwise, that the alleged conduct of the
employer was carried out wholly or partly because the
employee was proposing to take, was taking or had
taken, WA industrial action.''
''.
25 Part 5 repealed
6. Part 5 of the principal Act is repealed.
Sections 29 & 30 repealed
7. Sections 29 and 30 of the principal Act are repealed.
18
Labour Relations Legislation Amendment
(No. 2) Bill 1997 cl. 8
Section 33 repealed and substituted
8. Section 33 of the principal Act is repealed and the following
section substituted --
``
5 Division 2AA of Part II inserted
33. After Division 2A of Part II of the Principal Act the
following Division is inserted --
``Division 2AA -- Entry and inspection of premises etc.
by organisations
10 49C. Permits
(1) A Registrar may, on application by an
organisation in accordance with the regulations, issue
to an officer or employee of the organisation a permit
in the form prescribed for the purposes of this section.
15 (2) The permit --
(a) remains in force until it expires or is
revoked under this section; and
(b) expires at the earlier of -
(i) 3 years after the day on which it was
20 issued; or
(ii) the time at which the person to whom
it was issued ceases to be an officer or
employee of the organisation
concerned.
25 (3) A Registrar may, on application in accordance
with the regulations, revoke the permit if he or she is
satisfied that the person to whom it was issued has, in
exercising powers under this Division, intentionally
19
Labour Relations Legislation Amendment
cl. 8 (No. 2) Bill 1997
hindered or obstructed any employer or employee or
otherwise acted in an improper manner.
(4) An application for the revocation of a permit
must set out the grounds on which the application is
5 made.
(5) A person to who a permit has been issued
under this section must, within 14 days after the
expiry or revocation of the permit, return the permit
to the Registrar.
10 (6) If one or more permits issued to a person
under this section have been revoked, the Registrar
must take the fact into account when deciding
whether to issue a further permit under this section to
the person.
15 49D. Investigating suspected breaches of Act
etc.
(1) This section applies if a person who holds a
permit in force under this Division suspects that a
breach has occurred, or is occurring, of -
20 (a) this Act; or
(b) an award, an order of the Commission, or
an industrial agreement, that is in force
and binds the organisation of which the
person is an officer or employee.
25 (2) For the purpose of investigating the suspected
breach, the person may enter, during working hours,
any premises where employees work who are members
of the organisation of which the person is an officer or
employee.
20
Labour Relations Legislation Amendment
(No. 2) Bill 1997 cl. 8
(3) After entering the premises, the person may,
for the purpose of investigating the suspected
breach --
(a) require the employer of the employees to
5 allow the person, during working hours, to
inspect and, if the person wishes, to make
copies of any of the following that are kept
by the employer on the premises and are
relevant to the suspected breach --
10 (i) any time records;
(ii) any wage records; or
(iii) any other documents, other than a
WA, an ancillary document or a
document that shows some or all of
15 the content of a WA or of an ancillary
document; and
(b) during working hours, inspect or view any
work, material, machinery, or appliance,
that is relevant to the suspected breach;
20 and
(c) during working hours, interview any
employees who are:
(i) members of the organisation of which
the person is an officer or employee;
25 or
(ii) eligible to become members of that
organisation;
about the suspected breach.
21
Labour Relations Legislation Amendment
cl. 8 (No. 2) Bill 1997
(4) For the purpose of investigating the suspected
breach, the person may (regardless of whether the
person exercises powers under subsection (2) or (3))
require the employer of the employees mentioned in
5 subsection (2) --
(a) to produce documents of the kind
mentioned in any of subparagraphs (3)(a)(i)
to (ii) at the premises at which the
employees work or at some other agreed
10 place; and
(b) if the documents are to be produced at the
premises at which the employees
work -- to allow the person, during
working hours, to enter the premises and -
15 (i) inspect the documents;
(ii) if the person wishes to do so -- make
copies of the documents; and
(c) if the documents are to be produced at
some other place -- to allow the person, at
20 an agreed time, to inspect the documents at
that place and, if the person wishes to do
so, to make copies of them.
49E. Discussions with employees
(1) A person who holds a permit in force under
25 this Division may enter premises in which --
(a) work is being carried on to which an award
or an industrial agreement or a general
order applies that is binding on the
organisation of which the person holding
30 the permit is an officer or employee; and
22
Labour Relations Legislation Amendment
(No. 2) Bill 1997 cl. 8
(b) employees who are members, or eligible to
become members, of that organisation
work;
for the purposes of holding discussions with any of
5 those employees who wish to participate in those
discussions.
(2) The person may only enter the premises
during working hours and may hold the discussions
during such hours provided no disruption is caused to
10 the work process.
49F. Conduct not authorised under sections
49D and 49E
(1) If --
(a) a person proposes to enter, or is on,
15 premises in accordance with section 49D or
49E; and
(b) the occupier of the premises requires the
person to show his or her permit;
the person is not entitled under that section to enter
20 or remain on the premises unless he or she shows the
occupier the permit.
(2) A person is only entitled to enter premises,
and exercise powers, under section 49D or 49E if the
person has given the occupier of the premises at least
25 24 hours' notice of the person's intention to do so.
(3) A person is not, in exercising any powers
under section 49D or 49E, entitled to enter any part of
premises used for residential purposes, except with
the permission of the occupier.
23
Labour Relations Legislation Amendment
cl. 8 (No. 2) Bill 1997
49G. Conduct in relation to sections 49D
and 49E attracting civil penalties
(1) A person exercising powers under section 49D
or 49E must not intentionally hinder or obstruct any
5 employer or employee.
(2) The occupier of premises must not refuse or
unduly delay entry to the premises by a person
entitled to enter the premises under section 49D or
49E.
10 (3) An employer must not refuse or fail to comply
with a requirement under paragraph 49D(3)(a) or
subsection 49D(4).
(4) A person must not otherwise intentionally
hinder or obstruct a person exercising powers under
15 section 49D or 49E. To avoid doubt, a failure to agree
on a place or a time as mentioned in paragraph
49D(4)(a) or (c) does not constitute hindering or
obstructing a person exercising such powers.
49H. Civil penalties
20 (1) In this section --
``penalty provision'' means subsection 49C (5)
or 49G(1),(2),(3) or (4).
(2) If a person contravenes a penalty provision,
the contravention is not an offence. However, the court
25 may make an order imposing a penalty on a person
who contravenes a penalty provision or, where that
person acts on behalf of a registered organisation, on
that registered organisation.
(3) The penalty cannot be more than $5,000 for a
30 registered organisation or an employer or $1,000 in
other cases.
24
Labour Relations Legislation Amendment
(No. 2) Bill 1997 cl. 9
(4) An application for an order under subsection
(2) may be made by any person.
(5) The court may grant an injunction requiring a
person not to contravene, or to cease contravening, a
5 penalty provision.
49I. Powers of Commission
(1) Notwithstanding any other provision of this
Act, the Commission may exercise its powers under
this Act to prevent and settle industrial disputes
10 about the operation of this Division, but must not
make an order for that purpose conferring powers that
are additional to, or inconsistent with, powers
exercisable under this Division.
(2) However the Commission does have power, for
15 the purpose of preventing or settling the industrial
dispute, to revoke a permit issued to a person under
section 49C. If it does so, it may make any order that
it considers appropriate, for the purpose of preventing
or settling the industrial dispute, about the issue of
20 any further permit to the person, or of any permit or
further permit to any other person, under that
section.''
''.
Section 34 repealed
25 9. Section 34 of the principal Act is repealed.
25
Labour Relations Legislation Amendment
cl. 10 (No. 2) Bill 1997
PART 2
Part VIC of the Industrial Relations Act 1979 repealed and
re-enacted
10. Part VIC of the Industrial Relations Act 1979 as amended
5 by Part 4 of the principal Act is repealed and re-enacted with
amendment in the Electoral Act 1907 as provided in this Part.
Electoral Act 1907 amended
11. The Electoral Act 1907 is amended by inserting after
section 174 the following Part --
10 ``
PART VIA -- POLITICAL EXPENDITURE BY
ORGANIZATIONS
176. Interpretation
(1) In this Part --
15 ``election candidate'' means a candidate in a
parliamentary election;
``organisation'' has the meaning given to it in section
7 of the Industrial Relations Act 1979 and in
addition includes any public company;
20 ``parliamentary election'' means the election of a
member or members of the parliament of the
State, the Commonwealth, another State or a
Territory.
``political expenditure''has the meaning given by
25 subsection (2), some examples of which are
mentioned in subsection (3);
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Labour Relations Legislation Amendment
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``political fund'', in relation to an organization,
means a fund maintained by the organization
under section 176B;
``political party'' means a body corporate or other
5 body or organization having as one of its objects
or activities the promotion of the election of
election candidates endorsed by it; and
``public company'' has the meaning given to it in the
Corporations Law.
10 (2) A reference in this Part to political expenditure is a
reference to expenditure incurred for or in connection with
directly promoting or opposing a political party or the
election of a candidate or candidates in a parliamentary
election.
15 (3) Some examples of political expenditure are --
(a) making a payment to a political party (whether
by way of a membership subscription or
affiliation fee or in any other manner).
(b) making a payment to an election candidate or a
20 group of election candidates;
(c) paying expenses directly or indirectly incurred by
a political party;
(d) paying expenses directly or indirectly incurred in
connection with a parliamentary election by an
25 election candidate or a group of election
candidates; or
(e) making a payment to a person on the
understanding that that person or another
person will directly or indirectly apply the whole
30 or a part of the payment in a way mentioned in
paragraph (a), (b), (c) or (d).
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Labour Relations Legislation Amendment
cl. 11 (No. 2) Bill 1997
176A. Payments
For the purposes of this Part any payment made from a
fund or account jointly owned, managed or controlled by an
organization and another body shall be regarded as having
5 been made by the organization.
176B. Political donations by organizations
(1) An organization shall, if necessary for the purposes
of this section, maintain a separate fund as a political fund.
(2) If an organization receives an amount from any of
10 its members to be applied by way of political expenditure,
the organization shall credit the amount to a political fund.
(3) If an organization receives any interest or other
amount earned or derived from the investment of moneys
standing to the credit of a political fund, the organization
15 shall credit the interest or other amount to that political
fund.
(4) An organization shall not credit any moneys to a
political fund other than moneys referred to in subsection
(2) or (3) and, in particular, shall not credit any moneys
20 from a member's subscriptions to a political fund.
(5) An organization shall not make any payment by
way of political expenditure except from moneys already
standing to the credit of a political fund.
(6) If --
25 (a) an organization receives an amount from any of
its members to be applied for political
expenditure; and
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Labour Relations Legislation Amendment
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(b) that amount is received subject to a direction
from the member as to the political party or
parties, or election candidate or election
candidates, to or in respect of which or whom the
5 organization may pay or apply the amount,
the organization shall not make any payment from moneys
in a political fund derived from that amount if the payment
would be contrary to that direction.
176C. Offences by organizations and officials
10 relating to political expenditure
(1) An organization that --
(a) fails to credit an amount to a political fund as
required by section 176B;
(b) credits an amount to a political fund contrary to
15 section 176B; or
(c) makes a payment contrary to section 176B,
is guilty of an offence and liable to a penalty of $5,000.
(2) If an organization is guilty of an offence against
subsection (1), any finance official of the organization who
20 is in any way, by act or omission and directly or indirectly,
concerned in or party to the transaction in question,
knowing the transaction to have been made in
contravention of section 176B is guilty of an offence and
liable to a penalty of $1,000.
25 (3) In subsection (2) --
``finance official'' has the same meaning as it has in
section 74 of the Industrial Relations Act 1979.
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Labour Relations Legislation Amendment
cl. 11 (No. 2) Bill 1997
176D. Disqualification for unauthorized political
expenditure
(1) If an officer of an organization is convicted of an
offence against section 176C (2), the court may order --
5 (a) that the officer's office becomes vacant when the
order is made; and
(b) that, from the time when the order is made, the
officer is disqualified from holding or acting in
any office in the organization during such period
10 of not more than 3 years as is specified in the
order.
(2) The court may include in an order under subsection
(1) any provision that it considers necessary to ensure the
operation of the order and to provide for the election or
15 appointment of a person to replace the officer whose office
becomes vacant under the order.
(3) A person who performs or attempts to perform the
functions of an office in the organization while disqualified
by an order under subsection (1) from holding or acting in
20 the office commits an offence punishable by the Supreme
Court as for a contempt.
176E. Recovery of unauthorized payments
(1) In this section --
``unauthorized payment'' means --
25 (a) a payment made contrary to section 176B;
or
(b) a payment made from moneys that have
been credited contrary to section 176B.
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Labour Relations Legislation Amendment
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(2) If an organization is convicted of an offence against
section 176C (1) and an unauthorized payment is proved to
have been made, the court may order the unauthorized
payment to be forfeited to the Crown by the political party,
5 candidate or candidates which or who received the payment
or incurred the expenses in respect of which the payment
was made, or in a case mentioned in section 176 (3) (e), by
the person to whom the payment was made or a person by
whom the payment was applied.
10 (3) An amount ordered to be forfeited under subsection
(2) is a debt due to the Crown by the political party,
candidate, candidates or person, as the case may be, to
which or to whom the order is directed.
''.
31
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