Commonwealth of Australia Explanatory Memoranda

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WORKPLACE RELATIONS (REGISTERED ORGANISATIONS) (CONSEQUENTIAL PROVISIONS) BILL 2001

1998-1999-2000-2001





THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA



SENATE





WORKPLACE RELATIONS (REGISTERED ORGANISATIONS) (CONSEQUENTIAL PROVISIONS) BILL 2001



SUPPLEMENTARY EXPLANATORY MEMORANDUM



(Amendments to be moved on behalf of the Government)





















(Circulated by authority of the Minister for Employment, Workplace Relations and Small Business, the Honourable Tony Abbott MP)

WORKPLACE RELATIONS LEGISLATION AMENDMENT (REGISTERED ORGANISATIONS) (CONSEQUENTIAL PROVISIONS) BILL 2001

(Amendments to be moved on behalf of the Government)

OUTLINE

The Government is proposing a number of amendments to the Bill to reflect the proposed restructuring of the Principal Bill as an Act to amend the Workplace Relations Act 1996 (WR Act), rather than enact separate legislation concerning the registration and internal administration of registered organisations.

FINANCIAL IMPACT STATEMENT

The proposed amendments are not expected to have any impact on Commonwealth expenditure.

NOTES ON AMENDMENTS

Amendment No. 1 – Title, page 1 (line 11)

Amendment No. 1 would insert the word ‘Amendment’ after ‘Relations’ in the title of the RO Bill to reflect the fact that the RO Bill proposes to amend the WR Act.

Amendment No. 2 – Clause 1, page 1 (line 16)

Amendment No. 2 would insert the words ‘Legislation Amendment’ after the word ‘Relations’ to amend the citation of the Act.

Amendment No. 3 – Clause 2, page 2 (after line 12)

Amendment No. 3 would provide for the commencement of amendments to the Employment, Workplace Relations and Small Business Legislation Amendment (Application of Criminal Code) Act 2001 on the commencement of that Act.

Amendment No. 4 – Clause 2, page 2 (line 15)

Amendment No. 4 would amend clause 2 to provide that the provisions of this Act (other than the provisions referred to in subclauses 2(1), (2), (3) and (4) come into operation at the same time as Schedule 1 of this Act.

SCHEDULE 1 – TRANSITIONAL PROVISIONS
Amendment No. 5– item 1, page 3 (lines 9 and 10)

Amendment No.5 would omit the definition of the “RO Act” and insert a definition of the “RO Schedule” to mean Schedule 1B to the WR Act.

Amendment No. 6 – item 1, page 3 (line 11)

Amendment No. 6 would amend the definition of the “WR Act” to exclude a reference to Schedule 1B to the WR Act.

Amendment No. 7 – item 1, page 3 (line 13)
Amendment No. 8 – item 1, page 3 (line 16)
Amendment No. 10 – item 2, page 3 (line 24)
Amendment No. 11 – item 4, page 4 (line 9)
Amendment No. 12 – item 5, page 4 (line 30)
Amendment No. 13 – item 5, page 5 (line 3)
Amendment No. 14 – item 7, page 5 (line 21)
Amendment No. 15 – item 7, page 5 (line 23)
Amendment No. 18 – item 8, page 5 (line 33)
Amendment No. 19 – item 9, page 6 (line 4)
Amendment No. 20 – item 9, page 6 (line 8)
Amendment No. 21 – item 11, page 7 (line 8)
Amendment No. 22 – item 13, page 7 (line 15)
Amendment No. 24 – item 13, page 7 (line 18)
Amendment No. 25 – item 14, page 7 (line 26)
Amendment No. 26 – item 15, page 7 (line 30)
Amendment No. 27 – item 15, page 8 (line 2)
Amendment No. 28 – item 15, page 8 (line 8)
Amendment No. 29 – item 15, page 8 (line 9)
Amendment No. 30 – item 15, page 8 (line 15)
Amendment No. 32 – item 16, page 8 (line 19)
Amendment No. 35 – item 18, page 9 (line 10)
Amendment No. 36 – item 19, page 9 (line 18)
Amendment No. 37 – item 20, page 9 (line 25)
Amendment No. 38 – item 20, page 9 (line 27)
Amendment No. 41 – item 23, page 10 (line 29)
Amendment No. 42 – item 23, page 10 (line 33)
Amendment No. 44 – item 24, page 11 (line 5)
Amendment No. 45 – item 24, page 11 (line 7)
Amendment No. 47 – item 26, page 13 (line 6)
Amendment No. 48 – item 27, page 13 (lines 11 and 12)
Amendment No. 49 – item 27, page 13 (line 13)
Amendment No. 50 – item 27, page 13 (line 16)
Amendment No. 51 – item 27, page 13 (line 19)
Amendment No. 52 – item 27, page 13 (line 22)
Amendment No. 53 – item 27, page 13 (line 23)
Amendment No. 54 – item 28, page 14 (line 12)
Amendment No. 56 – item 28, page 14 (line 13)
Amendment No. 57 – item 29, page 14 (line 26)
Amendment No. 58 – item 30, page 14 (line 32)
Amendment No. 59 – item 31, page 15 (line 13)
Amendment No. 60 – item 32, page 15 (line 16)
Amendment No. 61 – item 34, page 16 (line 10)
Amendment No. 62 – item 35, page 17 (line 4)
Amendment No. 63 – item 37, page 17 (line 22)
Amendment No. 64 – item 37, page 17 (line 28)
Amendment No. 65 – item 38, page 18 (line 3)
Amendment No. 66 – item 38, page 18 (line 8)
Amendment No. 67 – item 39, page 18 (line 11)
Amendment No. 69 – item 40, page 18 (line 20)
Amendment No. 70 – item 40, page 18 (line 24)
Amendment No. 71 – item 41, page 18 (line 29)
Amendment No. 72 – item 42, page 19 (line 3)
Amendment No. 76 – item 43, page 20 (line 8)
Amendment No. 77 – item 43, page 20 (line 12)
Amendment No. 78 – item 43, page 20 (line 13)
Amendment No. 79 – item 43, page 20 (line 14)
Amendment No. 80 – item 43, page 20 (line 16)
Amendment No. 81 – item 44, page 20 (line 19)
Amendment No. 82 – item 45, page 20 (line 26)
Amendment No. 83 – item 45, page 20 (line 27)
Amendment No. 84 – item 45, page 21 (line 1)
Amendment No. 85 – item 45, page 21 (line 4)
Amendment No. 86 – item 45, page 21 (line 5)
Amendment No. 87 – item 45, page 21 (line 12)
Amendment No. 88 – item 45, page 21 (line 13)
Amendment No. 89 – item 45, page 21 (line 20)
Amendment No. 90 – item 45, page 21 (line 21)
Amendment No. 91 – item 45, page 21 (line 29)
Amendment No. 92 - item 45, page 21 (line 30)
Amendment No. 93 – item 46, page 22 (line 20)
Amendment No. 94 – item 47, page 22 (line 22)
Amendment No. 97 – item 49, page 27 (line 33)
Amendment No. 100 – item 50, page 34 (line 1)
Amendment No. 101 – item 54, page 35 (line 24)
Amendment No. 102 – item 55, page 35 (line 29)

Amendment No. 103 – item 55, page 36 (line 3)

Each of these amendments is consequential to the insertion of Schedule 1B to the WR Act. They replace all references to the “RO Act” with references to the “RO Schedule”.
Amendment No. 9 – item 1, page 3 (line 17)
Amendment No. 16 – item 7, page 5 (line 24)
Amendment No. 17 – item 7, page 5 (line 25)
Amendment No. 23 – item 13, page 7 (line 16)
Amendment No. 33 – item 16, page 8 (line 21)
Amendment No. 43 – item 23, page 10 (line 33)
Amendment No. 55 - item 28, page 14 (line 13)
Amendment No. 68 – item 39, page 18 (line 12)
Amendment No. 73 – item 42, page 19 (line 6)
Amendment No. 74 – item 42, page 19 (line 14)
Amendment No. 75 – item 42, page 19 (line 16)
Amendment No. 95 – item 47, page 22 (line 26)

Amendment No. 98 – item 49, page 28 (line 5)

Each of these amendments is consequential to the insertion of Schedule 1B to the WR Act.. They replace all references to “that Act”, “the Act” or “Act” with references to “that Schedule”, “the Schedule”, “Schedule” or “the Workplace Relations Act”, as appropriate.

Amendment No. 31 – item 16, page 8 (line 19)

Amendment No. 31 omits “(1)”.

Amendment No. 34 – item 16, page 8 (lines 24 to 28)

Amendment No. 34 would omit subitem 16(2) of Schedule 1. This subitem is no longer necessary following amendments made to the Principal Bill in the House of Representatives.

Amendment No. 39 – item 21, page 10 (lines 8 to 14)

Amendment No. 39 would omit subitem 21(2) and insert a new subitem 21(2) to remove the reference to clause 105 of the RO Act. This changes flows from amendments made to the Principal Bill in the House of Representatives.

Amendment No. 40 – item 22, page 10 (lines 15 to 26)

Amendment No. 40 would omit item 22 of Schedule 1. This item is no longer necessary following amendments made to the Principal Bill in the House of Representatives.

Amendment No. 46 – item 25, page 11 (line 10) to page 12 (line 3)

Amendment No. 46 would amend item 25 (which relates to cancellation of an organisation’s registration) to reflect changes made to the Principal Bill in the House of Representatives.

Amendment No. 96 – item 47, page 23 (line 6)

Amendment No. 99 – item 49, page 28 (line 12)

Amendment Nos. 96 and 99 would change references to the name of this Bill.

SCHEDULE 2 – AMENDMENT TO THE WORKPLACE RELATIONS ACT 1996
Amendment No. 104 – item 5, page 37 (line 15)
Amendment No. 105 – item 14, page 38 (lines 8 and 9)
Amendment No. 106 – item 16, page 38 (line 16)
Amendment No. 109 – item 16, page 38 (line 21)
Amendment No. 112 – item 22, page 39 (lines 9 and 10)
Amendment No. 113 – item 24, page 39 (line 14)
Amendment No. 114 – item 25, page 39 (line 17)
Amendment No. 115 – item 28, page 40 (line 3)
Amendment No. 116 – item 29, page 40 (lines 8 and 9)
Amendment No. 117 – item 30, page 40 (line 11)
Amendment No. 118 – item 31, page 40 (lines 13 and 14)
Amendment No. 119 – item 32, page 40 (line 16)
Amendment No. 120 – item 33, page 40 (line 18)
Amendment No. 121 – item 35, page 40 (line 23)
Amendment No. 122 – item 37, page 41 (line 2)
Amendment No. 123 – item 39, page 41 (line 6)
Amendment No. 125 – item 44, page 41 (line 20)
Amendment No. 126 – item 44, page 41 (line 21)
Amendment No. 127 – item 44, page 41 (lines 24 and 25)
Amendment No. 130 – item 44, page 42 (line 6)
Amendment No. 131 – item 44, page 43 (line 12)
Amendment No. 132 – item 45, page 43 (line 17)
Amendment No. 133 – item 47, page 43 (line 21)
Amendment No. 134 – item 49, page 43 (lines 25 and 26)
Amendment No. 135 – item 50, page 43 (line 28)
Amendment No. 136 – item 51, page 43 (line 30)
Amendment No. 137 – item 52, page 44 (line 2)
Amendment No. 138 – item 53, page 44 (line 4)
Amendment No. 139 – item 54, page 44 (line 6)
Amendment No. 141 – item 55, page 44 (line 9)
Amendment No. 143 – item 56, page 44 (line 13)
Amendment No. 144 – item 57, page 44 (line 15)
Amendment No. 145 – item 58, page 44 (lines 19 and 20)
Amendment No. 147 – item 59, page 44 (line 23)
Amendment No. 148 – item 60, page 44 (line 27)
Amendment No. 150 – item 61, page 45 (line 7)
Amendment No. 151 – item 62, page 45 (line 11)
Amendment No. 152 – item 63, page 45 (line 15)
Amendment No. 153 – item 64, page 45 (line 17)
Amendment No. 154 – item 65, page 45 (lines 20 and 21)
Amendment No. 156 – item 69, page 46 (line 8)
Amendment No. 157 – item 71, page 46 (line 19)
Amendment No. 158 – item 71, page 46 (line 21)
Amendment No. 159 – item 72, page 46 (line 28)
Amendment No. 161 – item 74, page 47 (line 4)
Amendment No. 162 – item 75, page 47 (line 8)
Amendment No. 163 – item 81, page 47 (line 27)
Amendment No. 164 – item 82, page 48 (line 1)
Amendment No. 165 – item 83, page 48 (line 3)
Amendment No. 167 – item 84, page 48 (lines 5 and 6)
Amendment No. 168 – item 86, page 49 (line 1)
Amendment No. 169 – item 86, page 49 (line 6)
Amendment No. 170 – item 86, page 49 (line 7)
Amendment No. 171 – item 86, page 49 (line 19)
Amendment No. 172 – item 87, page 50 (line 2)
Amendment No. 173 – item 89, page 50 (lines 7 and 8)
Amendment No. 174 – item 90, page 50 (line 10)
Amendment No. 175 – item 96, page 51 (lines 1 and 2)
Amendment No. 176 – item 97, page 51 (line 4)
Amendment No. 177 – item 98, page 51 (line 7)
Amendment No. 178 – item 98, page 51 (line 8)
Amendment No. 179 – item 98, page 51 (line 11)
Amendment No. 180 – item 108, page 52 (line 13)
Amendment No. 181 – item 109, page 52 (line 16)
Amendment No. 182 – item 109, page 52 (line 18)
Amendment No. 183 – item 110, page 52 (line 21)
Amendment No. 184 – item 111, page 52 (line 23)

Amendment No. 185 – item 112, page 52 (line 25)

Each of these amendments is consequential to the insertion of Schedule 1B to the WR Act. They replace all references to the ‘Registered Organisation Act’ in the WR Act with references to the ‘Registered Organisations Schedule’.

Amendment No. 107 – item 16, page 38 (line 18)

Amendment No. 107 would amend the legislative note after item 16 to reflect the restructure of the Principal Bill.

Amendment No. 108 – item 16, page 38 (line 19)

Amendment No. 108 would insert the words ‘Legislation Amendment’ after ‘Relations’ in legislative note after item 16 to reflect the proposed renaming of the Principal Bill.

Amendment No. 110 – item 19, page 39 (lines 1 and 2)

Amendment No. 110 would delete the definition of “the Registered Organisations Act” in subsection 4(1) of the WR Act and replace it with the definition of the “Registered Organisations Schedule” to mean Schedule 1B to the WR Act.

Amendment No. 111 – after item 19, page 39 (line 2)

Amendment No. 111 would amend the definition of “WR Act” to exclude a reference to Schedule 1B to the WR Act and regulations made section 338 of that Schedule.

Amendment No. 124 – item 40, page 41 (line 10)

Amendment No. 124 would replace the reference to “Acts other than the Registered Organisations Act” with “other than under the Registered Organisations Schedule” in the legislative note after item 40.

Amendment No. 128 – item 44, page 41 (lines 26 and 27)
Amendment No. 129 – item 44, page 41 (line 29)
Amendment No. 140 – item 54, page 44 (line 7)
Amendment No. 142 – item 55, page 44 (lines 9 and 10)
Amendment No. 146 – item 58, page 44 (line 21)
Amendment No. 149 – item 60, page 45 (line 1)
Amendment No. 155 – item 65, page 45 (line 23)

Amendment No. 160 – item 72, page 46 (line 30)

Each of these amendments are consequential to the insertion of Schedule 1B to the WR Act. They replace all references to the ‘that Act’ in the WR Act with references to ‘that Schedule’.

Amendment No. 166 – page 48 (after line 3), after item 83

Amendment No. 174 would insert a provision identical to current section 291A of the WR Act, which would be repealed by Schedule 2, Item 92 of this Act. The amendment would also insert a saving provision to ensure the continuity of certificates currently in force under section 291A of the WR Act and the continuity of applications made under that section, as if the certificate or application had been made under the new provision inserted by this Amendment.

SCHEDULE 3 – AMENDMENT OF OTHER ACTS
Amendment No. 186 –page 53 (line 4)

Amendment No. 187 – item 1, page 53 (line 5 to 8)

Amendment Nos. 194 and 195 would omit item 1, including its heading.

Amendment No. 188 – item 2, page 53 (lines 13 and 14)
Amendment No. 193 – item 9, page 54 (line 6)
Amendment No. 194 – item 13, page 54 (lines 14 and 15)
Amendment No. 195 – item 14, page 54 (line 17)
Amendment No. 196 – item 17, page 54 (line 24)
Amendment No. 197 – item 20, page 55 (lines 3 and 4)
Amendment No. 198 – item 22, page 55 (lines 8 and 9)
Amendment No. 201 – item 26, page 55 (lines 17 and 18)
Amendment No. 202 – item 28, page 55 (lines 22 and 23)

Amendment No. 204 – item 32, page 56 (lines 5 and 6)

Each of these amendments would substitute a reference to “Registered Organisations Act” with a reference to “Registered Organisations Schedule” in various Acts.

Amendment No. 189 – item 3, page 53 (lines 17 and 18)

Amendment No. 189 would substitute the definition of “Registered Organisations Act” with a definition of “Registered Organisations Schedule” in the Builders Labourers’ Federation (Cancellation of Registration – Consequential Provisions) Act 1986.

Amendment No. 190 –page 53 (after line 18), after item 3

Amendment No. 190 would insert the words ‘other than Schedule 1B’ into the definition of the “WR Act” in the Builders Labourers’ Federation (Cancellation of Registration – Consequential Provisions) Act 1986.

Amendment No. 191 – item 6, page 53 (lines 24 to 26)

Amendment No. 191 would repeal paragraph 4(3A)(b) of the Builders Labourers’ Federation (Cancellation of Registration – Consequential Provisions) Act 1986 and insert a new paragraph 4 (3A)(b) to change a reference to section 253 of the Industrial Relations Act 1988 to section 66 of the RO Schedule.

Amendment No. 192 – item 7, page 53 (lines 27 and 28)

Amendment No. 192 would omit item 7.

Amendment No. 199 –page 55 (after line 9), after item 22
Amendment No. 200 – item 23, page 55 (line 10 and 11)

Amendment No. 203 – item 30, page 55 (line 27) to page 56 (line 1)

These amendments substitute references to “that Act” for “that Schedule” in paragraph (5)(1)(c) and subsection 7(3) of the Builders Labourers’ Federation (Cancellation of Registration – Consequential Provisions) Act 1986.

Amendment No. 205 – item 33, page 56 (lines 9 and 10)
Amendment No. 207 – item 36, page 56 (lines 19 and 20)
Amendment No. 208 – item 37, page 56 (lines 22 to 24)
Amendment No. 209 – item 38, page 56 (lines 25 to 27)
Amendment No. 210 – item 39, page 57 (lines 1 to 3)
Amendment No. 211 – item 40, page 57 (lines 4 to 6)
Amendment No. 212 – item 41, page 57 (lines 8 to 11)
Amendment No. 213 – item 42, page 57 (lines 13 to 17)
Amendment No. 215 - item 43, page 57 (lines 19 to 22)
Amendment No. 218 – item 46, page 58 (lines 5 and 6)
Amendment No. 219 – item 48, page 58 (lines 10 to 13)
Amendment No. 220 – item 49, page 58 (lines 15 to 18)
Amendment No. 221 – item 50, page 58 (lines 20 to 23)
Amendment No. 224 – item 52, page 59 (lines 4 to 6)
Amendment No. 229 – item 56, page 59 (lines 19 to 21)
Amendment No. 231 – item 58, page 60 (lines 6 to 9)
Amendment No. 232 – item 59, page 60 (lines 11 to 15)
Amendment No. 233 – item 60, page 60 (lines 17 to 20)
Amendment No. 234 – item 61, page 60 (lines 22 to 25)

Amendment No. 235 – item 62, page 61 (lines 1 to 3)

These amendments would replace references to the RO Act in various Commonwealth Acts with references to Schedule 1B of the WR Act.

Amendment No. 206 – item 35, page 56 (lines 14 to 16)

Amendment No. 206 would omit item 35.

Amendment No. 214 –page 57 (after line 17), after item 42

Amendment No. 214 would inserts new items 42A, 42B, 42C, 42D, 42E, 42F and 42G into the Bill. These items would make technical amendments to the Employment, Workplace Relations and Small Business Legislation Amendment (Application of Criminal Code) Act 2001 (Criminal Code Act) to reflect the insertion of Schedule 1B in the WR Act.

Items 42A, 42B and 42C would replace references to the RO Act in section 2 of the Criminal Code Act with references to the RO Schedule and update the references to the name of this Act.

Items 42E, 42F and 42G would repeal several items of the Criminal Code Act which would amend the RO Act to provide for the application of the Criminal Code to that Act.

Item 42D would make amendments to Schedule 1B of the WR Act that are equivalent to those proposed to the RO Act to provide for the application of the Criminal Code to the RO Schedule.

Amendment No. 216 – item 44, page 57 (lines 24 to 26)

Amendment No. 216 would omit item 44.

Amendment No. 217 – item 45, page 57 (line 27) to page 58 (line 2)

Amendment No. 217 would omit item 45.

Amendment No. 222 – page 58 (line 24)

Amendment No. 223 – item 51, page 58 (line 25) to page 59 (line 2)

Amendment Nos. 222 and 223 would omit item 51, including its heading.

Amendment No. 225 – page 59 (line 7)

Amendment No. 226 – item 53, page 59 (lines 8 to 10)

Amendment Nos. 225 and 226 would omit item 53, including its heading.

Amendment No. 227 – item 54, page 59 (lines 12 to 14)

Amendment No. 235 would omit item 54 and insert a new item 54 to change the reference to sections numbers in the WR Act to a reference to a section number in the RO Schedule.

Amendment No. 228 – item 55, page 59 (lines 15 to 17)

Amendment No. 236 would omit item 55 which amends Schedule 1 of the WR Act

Amendment No. 230 – item 57, page 60 (lines 1 to 4)

Amendment No. 238 would replace a reference in the Occupational Health and Safety (Commonwealth Employment) Act 1991 to the Industrial Relations Act 1988 with a reference to Schedule 1B of the WR Act.

SCHEDULE 4 – AMENDMENTS ABOUT ENTRY TO PREMISES
Amendment No. 236 – item 3, page 63 (lines 7 and 8)
Amendment No. 237 – item 4, page 63 (lines 10 and 11)
Amendment No. 238 – item 5, page 63 (lines 13 and 14)

Amendment No. 239 – item 6, page 63 (lines 16 and 17)

These amendments are consequential to the insertion of Schedule 1B of the WR Act. They replace references in the WR Act to the ‘Registered Organisation Act’ with references to the ‘Registered Organisations Schedule’.

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