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Workplace Relations Legislation Amendment Bill 2002
Schedule 3 Other amendments

Part 1 Amendments

Defence Act 1903

1  Section 58F (paragraph (d) of the definition of relevant allowances )

After “his”, insert “or her”.

2  Paragraph 58G(2)(c)

Repeal the paragraph, substitute:

                     (c)  a person who was, but is no longer, a member of the Permanent Forces (although the person may be a member of the Reserves).

Note:          The Permanent Forces are made up of the Permanent Navy, the Regular Army and the Permanent Air Force which are established respectively by the Naval Defence Act 1910 , this Act and the Air Force Act 1923 . Those Acts also establish the Naval Reserve, the Army Reserve and the Air Force Reserve, which together make up the Reserves.

3  Subsection 58G(5)

Repeal the subsection, substitute:

             (5)  A person must not be appointed as a member of the Tribunal if he or she has, at any time during the year preceding the appointment, been a member of the Permanent Forces.

4  Subsection 58H(13)

Omit “him”, substitute “the Minister”.

5  Subsections 58K(1) and (3)

After “he”, insert “or she”.

6  Subsection 58L(2)

Repeal the subsection, substitute:

             (2)  A person must not continue to hold office as a member of the Tribunal if:

                     (a)  he or she becomes a member of the Permanent Forces (although he or she may become a member of the Reserves); or

                     (b)  he or she becomes the Defence Force Advocate; or

                     (c)  in the case of the President, he or she ceases to be a presidential member of the Commission.

Note:          The Permanent Forces are made up of the Permanent Navy, the Regular Army and the Permanent Air Force which are established respectively by the Naval Defence Act 1910 , this Act and the Air Force Act 1923 . Those Acts also establish the Naval Reserve, the Army Reserve and the Air Force Reserve, which together make up the Reserves.

7  Section 58M

Omit “resign his office by writing signed by him”, substitute “resign his or her office by writing signed by him or her”.

8  Paragraph 58P(1)(b)

Omit “he is acting as President), unable to perform the duties of his office”, substitute “he or she is acting as President), unable to perform the duties of his or her office”.

9  Subsection 58P(2)

Omit “he”, substitute “the person”.

10  Subsection 58P(6)

Omit “he resigns his appointment by writing signed by him”, substitute “the person resigns his or her appointment by writing signed by him or her”.

11  Subsection 58P(7)

After “his” (wherever occurring), insert “or her”.

12  Subsection 58P(7)

Omit “him”, substitute “the person”.

13  Subsection 58P(8)

Omit “or 58K”, substitute “, 58K, 58KA, 58KC or 58U”.

14  Subsection 58Q(2)

After “his” (wherever occurring), insert “or her”.

Employment, Workplace Relations and Small Business Legislation Amendment (Application of Criminal Code) Act 2001

15  At the end of item 17 of Schedule 1

Add “(but not the penalty)”.

16  At the end of item 28 of Schedule 1

Add “(but not the penalty)”.

17  At the end of item 41 of Schedule 1

Add “(but not the penalty or the note)”.

Equal Employment Opportunity (Commonwealth Authorities) Act 1987

18  Subsection 3(1) (definition of responsible Minister )

Repeal the definition, substitute:

responsible Minister , for a relevant authority, means:

                     (a)  if the regulations prescribe a Minister as responsible for the authority—that Minister; or

                     (b)  otherwise—the Minister responsible for the authority.

Equal Opportunity for Women in the Workplace Act 1999

19  Subsection 3(1) (definition of higher education institution )

Repeal the definition, substitute:

higher education institution means a university or other institution of higher education that is included in:

                     (a)  the Australian Qualifications Framework Register of Authorities empowered by Government to Accredit Post-Compulsory Education and Training; or

                     (b)  the Australian Qualifications Framework Register of Bodies with Authority to Issue Qualifications;

as an institution authorised to issue higher education awards (within the meaning of section 106ZL of the Higher Education Funding Act 1988 ).

Remuneration Tribunal Act 1973

20  After subsection 7(4A)

Insert:

          (4B)  The Tribunal may inquire into and determine the travelling allowances to be paid to members of the Australian Industrial Relations Commission established under section 8 of the Workplace Relations Act 1996 for travel within Australia.

21  At the end of paragraphs 7(9)(a) to (ad)

Add “and”.

22  After paragraph 7(9)(ae)

Insert:

                    (af)  in the case of travelling allowances payable to a member of the Australian Industrial Relations Commission—be paid in accordance with the determination out of funds that are lawfully available under section 358 of the Workplace Relations Act 1996 ; and

Workplace Relations Act 1996

24  Subsection 4(1) (paragraph (a) of the definition of public sector employment )

After “ Public Service Act 1999 ”, insert “or the Parliamentary Service Act 1999 ”.

25  Paragraph 12(2C)(b)

Repeal the paragraph, substitute:

                     (b)  such travelling allowances as are determined from time to time by the Remuneration Tribunal for travel within Australia; and

                     (c)  such other allowances as are prescribed by the regulations.

26  Paragraphs 21(1)(b), (2)(b), (2A)(b) and (2B)(b)

Repeal the paragraphs, substitute:

                     (b)  such travelling allowances as are determined from time to time by the Remuneration Tribunal for travel within Australia; and

                     (c)  such other allowances as are prescribed by the regulations.

27  Paragraph 23(1)(b)

Repeal the paragraph, substitute:

                     (b)  such travelling allowances as are determined from time to time by the Remuneration Tribunal for travel within Australia; and

                     (c)  such other allowances as are prescribed by the regulations.

28  Paragraph 45(1)(ed)

After “award”, insert “or certified agreement”.

29  After subsection 48(1)

Insert:

          (1A)  The rules must allow applications under Part VIB, and any ancillary documents relating to those applications, to be made or given to the Commission in electronic form.

          (1B)  If the rules allow such an application or ancillary document to be given to the Commission in electronic form, then the rules may also allow the Commission to additionally require the original application or ancillary document to be produced to the Commission.

30  After section 48

Insert:

48A   President must provide certain information etc. to the Minister

             (1)  The President must provide to the Minister information, and copies of documents, of the kinds that are prescribed by the regulations, being:

                     (a)  information that is publicly available, or derived from information that is publicly available, relating to:

                              (i)  the Commission’s orders, decisions or actions under this Act; or

                             (ii)  notifications or applications made or given to the Commission under this Act; or

                     (b)  copies of such orders, decisions, notifications or applications.

             (2)  The President must provide the information or the copies by the time, and in the form, prescribed by the regulations.

31  Subsection 83BE(3)

Omit “83BB(a), (b) or (c)”, substitute “83BB(1)(a), (b) or (c)”.

33  After subsection 170BI(2)

Insert:

          (2A)  Section 170N does not prevent the Commission from exercising its arbitration powers under Part VI during a bargaining period (within the meaning of Division 8 of Part VIB) for the purposes of this section.

Note:          In exercising its arbitration powers, the Commission may adjourn the arbitration until the bargaining period has ended.

35  Subsection 170CD(1) (paragraph (a) of the definition of Commonwealth public sector employee )

After “ Public Service Act 1999 ”, insert “or the Parliamentary Service Act 1999 ”.

36  Section 170FD

Omit “section 107”, substitute “sections 107 and 108”.

37  At the end of section 170FD

Add:

Note:          The Full Bench and the President may deal with certain applications under sections 170JEB and 170JEC (rather than sections 107 and 108).

38  Section 170GD

Omit “section 107”, substitute “sections 107 and 108”.

39  At the end of section 170GD

Add:

Note:          The Full Bench and the President may deal with certain applications under sections 170JEB and 170JEC (rather than sections 107 and 108).

40  After section 170JEA

Insert:

170JEB   Reference of applications to Full Bench

             (1)  This section applies to applications under:

                     (a)  Division 2; and

                     (b)  Subdivisions D and E of Division 3.

             (2)  A reference in this section to a part of an application includes a reference to:

                     (a)  an application so far as it relates to a matter in dispute; or

                     (b)  a question arising in relation to an application.

             (3)  Where a proceeding in relation to an application is before a member of the Commission, a party to the proceeding or the Minister may apply to the member to have the application, or a part of the application, dealt with by a Full Bench because the application or the part of the application is of such importance that, in the public interest, it should be dealt with by a Full Bench.

             (4)  If an application is made under subsection (3) to a member of the Commission other than the President, the member must refer the application to the President to be dealt with.

             (5)  The President must confer with the member about whether the application under subsection (3) should be granted.

             (6)  The President must grant the application under subsection (3) if the President is of the opinion that the application or the part of the application is of such importance that, in the public interest, it should be dealt with by a Full Bench.

             (7)  Where the President grants an application under subsection (3), the Full Bench must, subject to subsection (8), hear and determine the application or the part of the application and, in the hearing, may have regard to any evidence given, and any arguments adduced, in proceedings in relation to the application, or the part of the application, before the Full Bench commenced the hearing.

             (8)  Where the President grants an application under subsection (3) in relation to an application:

                     (a)  the Full Bench may refer a part of the application to a member of the Commission to hear and determine; and

                     (b)  the Full Bench must hear and determine the rest of the application.

             (9)  The President or a Full Bench may, in relation to the exercise of powers under this section, direct a member of the Commission to provide a report in relation to a specified matter.

           (10)  The member must, after making such investigation (if any) as is necessary, provide a report to the President or Full Bench, as the case may be.

           (11)  The President may, before a Full Bench has been established for the purpose of hearing and determining, under this section, an application or part of an application, authorise a member of the Commission to take evidence for the purposes of the hearing, and:

                     (a)  the member has the powers of a person authorised to take evidence under subsection 111(3); and

                     (b)  the Full Bench must have regard to the evidence.

170JEC   President may deal with certain applications

             (1)  This section applies to applications under:

                     (a)  Division 2; and

                     (b)  Subdivisions D and E of Division 3.

             (2)  A reference in this section to a part of an application includes a reference to:

                     (a)  an application so far as it relates to a matter in dispute; or

                     (b)  a question arising in relation to an application.

             (3)  The President may, whether or not another member of the Commission has begun to deal with a particular proceeding in relation to an application, decide to deal with the application or a part of the application.

             (4)  If the President decides to deal with the application or a part of the application, then the President must:

                     (a)  hear and determine the application or the part of the application; or

                     (b)  refer the application or the part of the application to a Full Bench.

             (5)  If the President refers the application or the part of the application to a Full Bench, the Full Bench must hear and determine the application or the part of the application.

             (6)  In the hearing of an application or a part of an application by the President under subsection (4) or by a Full Bench under subsection (5), the President or Full Bench may have regard to any evidence given, and any arguments adduced, in proceedings in relation to the application, or the part of the application, before the President or Full Bench commenced the hearing.

             (7)  Where the President has under subsection (4) referred an application to a Full Bench:

                     (a)  the Full Bench may refer a part of the application to a member of the Commission to hear and determine; and

                     (b)  the Full Bench must hear and determine the rest of the application.

             (8)  The President or a Full Bench may, in relation to the exercise of powers under this section, direct a member of the Commission to provide a report in relation to a specified matter.

             (9)  The member must, after making such investigation (if any) as is necessary, provide a report to the President or Full Bench, as the case may be.

42  Paragraph 170LU(2)(c)

Omit “the Court”, substitute “a court”.

43  At the end of section 170N

Add:

Note:          The Commission is also not prevented from exercising its arbitration powers during a bargaining period to deal with certain applications for an order for equal remuneration for work of equal value: see subsection 170BI(2A).

44  At the end of section 170WK

Add:

             (2)  A Secretary of a Department (within the meaning of the Parliamentary Service Act 1999 ) may act on behalf of the Commonwealth in relation to AWAs with persons in the Department who are engaged under the Parliamentary Service Act 1999 .

45  Section 177A (at the end of the definition of court of competent jurisdiction )

Add:

               ; or (c)  the Industrial Relations Court of South Australia; or

                     (d)  any other State or Territory court that is prescribed by the regulations.

46  Subsection 178(1)

Omit “, except in the case of a breach of a bans clause,”.

47  Paragraph 298G(2)(a)

Omit “this”, substitute “the”.

48  Paragraph 298R(d)

Before “has participated”, insert “because the member”.

49  Paragraph 317(2)(c)

Before “put”, insert “fraudulently”.

50  At the end of paragraph 317(2)(g)

Add “without authority”.

51  Paragraph 317(2)(h)

After “ballot paper”, insert “to which the person is not entitled”.

52  Section 358

After “allowances”, insert “(including travelling allowance)”.

Workplace Relations Legislation Amendment (Registration and Accountability of Organisations) (Consequential Provisions) Act 2002

53  Item 38 of Schedule 3

Omit “of the Workplace Relations Amendment (Registration and Accountability of Organisations) Act 2002 ”, substitute “of Schedule 1B to the Workplace Relations Act 1996 ”.

54  Item 39 of Schedule 3

Omit “of the Workplace Relations Amendment (Registration and Accountability of Organisations) Act 2002 ”, substitute “of Schedule 1B to the Workplace Relations Act 1996 ”.

55  Item 40 of Schedule 3

Omit “of the Workplace Relations Amendment (Registration and Accountability of Organisations) Act 2002 ”, substitute “of Schedule 1B to the Workplace Relations Act 1996 ”.