STATUTORY RULES.

1940. No. 92.

––––––

REGULATIONS UNDER THE COMMONWEALTH CONCILIATION AND ARBITRATION ACT 1904-1934.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Commonwealth Conciliation and Arbitration Act 1904-1934.

Dated this Twenty-fourth

day of May, 1940.

Governor-General.

By His Excellency’s Command,

(SGD) W. M. HUGHES

Attorney-General.

––––––

Amendments of Conciliation and Arbitration Regulations.†

Conditions of registration.

1. Regulation 6 of the Conciliation and Arbitration Regulations is amended by inserting after Condition 1 the following Conditions:—

“(1a.) The rules of an association may provide that a person shall not be eligible to be a candidate for any office in the association if there is reasonable ground for believing that—

(a) within twelve months prior to the date of his nomination, he was a member of any body of persons, incorporated or unincorporated, which by its constitution or propaganda or otherwise advocates or encourages the overthrow by force or violence of the established government of the Commonwealth or of a State or of any other civilized country or of organized government; or

(b) he himself advocates or encourages, or has, within twelve months prior to the date of his nomination, advocated or encouraged the overthrow by force or violence of the established government of the Commonwealth or of a State or of any other civilized country or of organized government.

“(1b.) The Rules of an Association may provide that a person shall not be eligible to hold or continue to hold office in an Association if there is reasonable ground for believing that—

(a) he is a member of any body of persons, incorporated or unincorporated, which by its constitution or propaganda or otherwise advocates or encourages the overthrow by force or violence of the established government of the Commonwealth or of a State or of any other civilized country or of organized government; or

* Notified in the Commonwealth Gazette on      , 1940.

† Statutory Rules 1928, No. 81, as amended by Statutory Rules 1929, No. 28; 1930, Nos. 97 and 101; 1931, No. 118; 1938, No. 88; and 1939, No. 63.

3195.—10/22.5.1940.—Price 3d.

(b) he himself advocates or encourages, or has, within twelve months prior to the date of his election advocated or encouraged the overthrow by force or violence of the established government of the Commonwealth or of a State or of any other civilized country or of organized government”.

2. After regulation 28 of the Commonwealth Conciliation and Arbitration Regulations the following regulations are inserted:—

Alteration of rules of organization.

“28a. Any organization registered at the commencement of this regulation may at any time alter its rules so far as is necessary to include the provisions contained in Condition (1a.) or (1b.) of regulation 6 of these Regulations.

Appeal to Registrar.

“28b.—(1.) Where, in pursuance of any rule of an organization containing any of the provisions specified in Condition (1a.) or (1b.) of regulation 6 of these Regulations, any person is declared to be ineligible for an office in the organization or to hold or continue to hold office in the organization, that person may appeal to the Registrar against such decision, and the decision of the Registrar thereon shall be final and conclusive.

“(2.) If any appeal made in pursuance of the last preceding sub-regulation is allowed, the Registrar may extend, for such time as he thinks fit, the time prescribed by the rules of the organization for the holding of the election for which the appellant had nominated, and may make an order declaring that any person returned as elected has not been duly elected.

“(3.) Upon the making of any such declaration the person named in the order shall be deemed not to have been duly elected”.

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.