Commonwealth Numbered Regulations

1982 No. 108 Conciliation and Arbitration Regulations (Amendment) - REG 1

Regulation 146AJ of the Conciliation and Arbitration Regulations is amended-

   (a)  by omitting from paragraph (5) (c) "and";

   (b)  by inserting after paragraph (5) (c) the following paragraph:

"(ca) where the rules of the organization provide for the inclusion with the
ballot paper of material prepared by a candidate-that material; and"; and

   (c)  by inserting after sub-regulation (5) the following sub-regulations:

"(5A) Material prepared by a candidate-

   (a)  shall not be included in an envelope in accordance with paragraph (5)
        (ca) unless the material-

        (i)    complies with the provisions of the rules of the organization,
               other than provisions relating to the time within which the
               material is to be submitted; and

        (ii)   was received by the Returning Officer before the date
               determined under sub-regulation (5B).



"(5B) The Returning Officer shall, having regard to the date of commencement
of issuing ballot papers, determine the date before which material prepared by
a candidate shall be lodged with him.



"(5C) No action or proceeding, civil or criminal, for defamation lies against-

   (a)  the Commonwealth or a Returning Officer in respect of the issuing by
        the Returning Officer under this regulation, in the envelope referred
        to in sub-regulation (2), of material prepared by a candidate, being
        material that was included in the envelope by virtue of paragraph (5)
        (ca); or

   (b)  where the Returning Officer causes that material to be printed-against
        the person who printed the material in respect of the printing of the
        material.



"(5D) In sub-regulation (5C), 'Returning Officer' means-

   (a)  the Industrial Registrar;

   (b)  a Deputy Industrial Registrar or other Officer employed in a Registry;

   (c)  an Australian Electoral Officer; or

   (d)  a member of the staff of the Australian Electoral Office or a
        Returning Officer holding office under the
        Commonwealth Electoral Act 1918.".

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