Commonwealth Numbered Acts

Conciliation and Arbitration Amendment Act 1984 No. 162 of 1984 - SECT 6

6. (1) Section 133AB of the Principal Act is amended-

   (a)  by omitting sub-sections (1), (2) and (3) and substituting the
        following sub-sections:



"(2) The rules of an organisation may provide for the filling of a casual
vacancy in an office by an ordinary election or, subject to this section, in
any other manner provided in the rules.



"(3) Rules making provision as described in sub-section (2) shall not permit a
casual vacancy, or further casual vacancies, occurring within the term of an
office to be filled, otherwise than by an ordinary election, for so much of
the unexpired part of the term as exceeds-

   (a)  12 months; or

   (b)  three-quarters of the term of the office,
whichever is the greater.";

   (b)  by omitting from sub-sections (4) and (5) "made in pursuance of
        sub-section (2)" and substituting "making provision as described in
        sub-section (2) otherwise than by an ordinary election"; and

   (c)  by omitting from sub-section (6) the definition of "organisation" and
        substituting the following definitions:



" 'ordinary election' means an election held in accordance with rules that
comply with the requirements of section 133;
'organization' includes an association applying for registration as an
organization;
'term', in relation to an office, means the total period for which the last
person elected to the office by an ordinary election (other than an ordinary
election to fill a casual vacancy in the office) was entitled by virtue of
that election (disregarding the rules, if any, made in pursuance of
sub-section 133 (4E) or (4F)) to hold the office without being re-elected.".

(2) In relation to rules of an organization that provide for the filling of a
casual vacancy in an office, being rules in effect before the commencement
of this sub-section (in this sub-section referred to as the "commencing day"),
the following provisions apply:

   (a)  rules made otherwise than in pursuance of section 133AB of the
        Principal Act as in force before the commencing day that were
        inconsistent with that section as so in force are not, and shall be
        deemed never to have been, in contravention of sub-section 140 (1) of
        the Principal Act by reason only of the inconsistency;

   (b)  rules made in pursuance of that section as so in force continue to
        have effect on and after the commencing day notwithstanding the
        amendment of that section by this Act, but if any such rule is
        inconsistent with that section as so amended-

        (i)    the rule is not in contravention of sub-section 140 (1) of the
               Principal Act during the period of 12 months commencing on the
               commencing day by reason only of the inconsistency; and

        (ii)   anything done in pursuance of the rule within that period is
               not invalidated after that period by reason only of the
               inconsistency.".