Commonwealth Numbered Acts

CONCILIATION AND ARBITRATION AMENDMENT ACT (No. 2) 1976 No. 117 of 1976 - SECT 6

6. Section 171D of the Principal Act is amended by adding at the end thereof
the following sub-section:-

'' (7) Where-

   (a)  a scheme to be approved under this section will involve provision for
        an election for an office in the organization concerned; and

   (b)  the rules of the organization in force, or purporting to be in force,
        provide, in respect of that office, for-

        (i)    a collegiate electoral system, or an electoral system which,
               although it is not a ' collegiate electoral system ' as defined
               in section 4, is of a similar nature; or

        (ii)   a direct voting system, or a voting system which, although it
               is not a ' direct voting system ' as defined in section 4, is
               of a similar nature, the Court shall not, in proceedings under
               this section, where sub-paragraph (i) of paragraph (b) applies,
               approve a scheme that provides for an election for that office
               otherwise than under a collegiate electoral system or, where
               sub-paragraph (ii) of paragraph (b) applies, approve a scheme
               that provides for an election for that office otherwise than
               under a direct voting system, or in either case a scheme that
               departs from the provisions of those rules to a greater extent
               than the Court is satisfied is necessary having regard to the
               requirements of this Act.''.
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