Commonwealth Numbered Regulations - Explanatory Statements

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WORKPLACE RELATIONS AMENDMENT REGULATIONS 1999 (NO. 4) 1999 NO. 195

Statutory Rules 1999 No. 195

(Issued by the authority of the Minister for Employment, Workplace Relations and Small Business)

Workplace Relations Act 1996

Workplace Relations Amendment Regulations 1999 (No. 4)

Authority

Subsection 359(1) of the Workplace Relations Act 1996 (the Act) provides that the GovernorGeneral may make regulations prescribing matters required or permitted by the Act, or necessary or convenient to give effect to the Act.

Purpose

The purpose of the Workplace Relations Amendment Regulations is to amend the Principal Regulations to alter the requirements for the publication and distribution by the Industrial Registrar of notices of applications by organisations or associations under the Act to alter their eligibility rules under subsection 204(1) of the Act or to register as organisations under section 188 of the Act.

Context

Regulation 49(1) has required that where an application is lodged in the Registry by an organisation to alter its eligibility rules (or name) under subsection 204(1) of the Act, the Registry shall prepare a notice of its receipt. This must contain a copy of the organisation's eligibility rules in force immediately before the alteration, and a copy of them as they will be if the application is granted (which may be lengthy). This documentation must be published in the Government Gazette (the Gazette) and copied to each organisation registered under the Act.

Regulation 35 has provided for the publication and distribution of an applicant association's eligibility rules in a similar way.

The Regulations repeal regulations 49(1)(b), 49(2)(b), 35(1)(b) and 35(2) of the Principal Regulations. The effect of this change is that it will no longer be necessary to publish the full text of the proposed rules in the Gazette or give copies of such notices to organisations. The changes will result in the publication of a shorter (and less costly) notice in the Gazette identifying any proposed alteration so as to enable an organisation to decide whether to request a copy of the full application.

Additionally, the Regulations require the Registrar to provide a copy of an application for an eligibility rules change or for registration as an organisation to organisations which request it; and that the Registrar publicise this entitlement in the notices of receipt of the relevant applications placed in the Gazette, including providing contact details for making such a request.

Application

Item 1 of Schedule 1 inserts a new regulation 35 containing new gazettal and notification requirements for an application for registration. Item 2 of Schedule 1 inserts a new regulation 49 containing new gazettal and notification requirements for an application for a consent to change of name or alteration of eligibility rules.

Details of the Regulations are in the attachment.

The Regulations commence on gazettal.

ATTACHMENT

WORKPLACE RELATIONS AMENDMENT REGULATIONS 1999 (No. 4)

Regulation 1

Regulation 1 sets out the name of the regulations.

Regulation 2

Regulation 2 provides for the commencement of the regulations on gazettal.

Regulation 3

Regulation 3 is a formal provision, providing that the Workplace Relations Regulations 1996 (the Regulations) are amended as set out by Schedule 1 to the regulations.

Schedule 1 - Amendments of Workplace Relations Regulations 1996

Item 1

Item 1 of Schedule 1 amends the Regulations by substituting a new regulation 35 concerning notification of an application for registration.

Subregulation 35(1) contains new gazettal requirements following an application for registration under s. 188 of the Act. The Registrar must publish a notice in the Gazette stating:

* that the application for registration has been received;

* that a copy will be made available to an organisation on request;

* the name of the contact to whom the request for a copy is to be made.

Subregulation 35(2) requires the Registrar to make a copy of the application available to an organisation that requests it.

Subregulation 35(3) allows the Registrar to make the copy available in any form, and provides examples.

Item 2

Item 2 of Schedule 1 amends the Regulations by substituting a new regulation 49 concerning notification of an application for consent to a change of name or alteration of eligibility rules.

Subregulation 49(1) contains new gazettal requirements following such an application. The Registrar must publish a notice in the Gazette stating:

* that the application for registration has been received;

* that a copy will be made available to an organisation on request;

* the name of the contact to whom the request for a copy is to be made.

Subregulation 49(2) requires the Registrar to make a copy of the application available to an organisation that requests it.

Subregulation 49(3) allows the Registrar to make the copy available in any form, and provides examples.