National Labour Consultative Council Amendment Act 1979

No. 125 of 1979

An Act to amend the National Labour Consultative Council Act 1977.

BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:

Short title, &c.

1. (1) This Act may be cited as the National Labour Consultative Council Amendment Act 1979.

(2) The National Labour Consultative Council Act 1977 is in this Act referred to as the Principal Act.

Commencement

2. This Act shall come into operation on the day on which it receives the Royal Assent.

Interpretation

3. Section 3 of the Principal Act is amended—

(a) by inserting before the definition of “Council” the following definition:

“‘appointed member’ means a member referred to in paragraph 6(1)(c), (d), (e) or (f);”; and

(b) by omitting the definition of “Secretary” and substituting the following definition:

“‘Minister’ means the Minister for Industrial Relations.”.

Membership of Council

4. (1) Section 6 of the Principal Act is amended—

(a) by omitting from sub-section (1) “16” and substituting “18”;

(b) by omitting paragraph (b) of sub-section (1) and substituting the following paragraphs:

“(b) the Minister for Employment and Youth Affairs;

“(ba) the Secretary to the Department of Industrial Relations;

“(bb) the Secretary to the Department of Employment and Youth Affairs;”;

(c) by omitting from paragraph (d) of sub-section (1) “National Employers’ Policy Committee” and substituting “Confederation of Australian Industry, National Employers’ Industrial Council”; and

(d) by omitting sub-section (2) and substituting the following sub-section:

“(2) The members referred to in paragraphs (1)(c), (d), (e) and (f) shall be appointed by the Minister.”.

(2) The persons who, immediately before the commencement of this Act, were members of the Council referred to in paragraph 6(1)(d) of the Principal Act continue to be members of the Council notwithstanding the amendment made by paragraph (1)(c), and those members shall, on and after the commencement of this Act, be deemed, for the purposes of the National Labour Consultative Council Act 1977, to be members nominated by the Confederation of Australian Industry, National Employers’ Industrial Council.

Resignation of members

5. Section 7 of the Principal Act is amended by omitting “A member, other than the Minister or the Secretary,” and substituting “An appointed member”.

Substitute members

6. Section 10 of the Principal Act is amended—

(a) by omitting sub-section (1) and substituting the following sub-section:

“(1) The Minister, the Minister for Employment and Youth Affairs, the Secretary to the Department of Industrial Relations or the Secretary to the Department of Employment and Youth Affairs may nominate a person to attend a meeting of the Council in the place of the Minister, the Minister for Employment and Youth Affairs, the Secretary to the Department of Industrial Relations or the Secretary to the Department of Employment and Youth Affairs, as the case may be.”; and

(b) by omitting from sub-section (2) “a member of the Council, other than the Minister or the Secretary,” and substituting “an appointed member”.