Commonwealth Numbered Regulations

1989 No. 12 INDUSTRIAL RELATIONS REGULATIONS - REG 45

45. (1) For the purposes of paragraph 198(6)(b) of the Act, the Industrial
Registrar shall, for the purpose of giving an organisation an opportunity to
show cause why an exemption granted to the organisation should not be revoked:

   (a)  fix a time and place at which the organisation may show cause: and

   (b)  cause the organisation to be given, not less than 7 days before the
        time so fixed, a notice in writing:

        (i)    containing particulars of the time and place so fixed by the
               Industrial Registrar;

        (ii)   stating his or her reasons for the proposed revocation; and

        (iii)  notifying the organisation of its right to be heard, and to
               make submissions in accordance with subregulation (2), to show
               cause why an exemption granted to the organisation should not
               be revoked.

(2) An organisation may, for the purpose of showing cause in accordance with
subregulation (1), make submissions to the Industrial Registrar by:

   (a)  lodging in the Industrial Registry, not less than 2 days before the
        day fixed for the hearing, written submissions in relation to that
        determination; or

   (b)  appearing at the hearing and making oral submissions to the Industrial
        Registrar; or both.

(3) For the purposes of paragraph 198 (7) of the Act, the Industrial Registrar
shall, for the purpose of giving an organisation an opportunity to be heard in
relation to a proposal by the Industrial Registrar to determine certain
alterations of the rules of the organisation in accordance with subsection 198
(7) of the Act:

   (a)  fix a time and place at which the organisation may be so heard in
        relation to that proposed determination;

   (b)  cause the organisation to be given, not less than 7 days before the
        time is fixed, a notice in writing:

        (i)    containing particulars of the time and place so fixed by the
               Industrial Registrar;

        (ii)   stating that, in relation to the revocation of an exemption
               granted to an organisation on a ground specified in paragraph
               198 (6) (b) of the Act, the Industrial Registrar proposes to
               determine certain specified alterations of the rules of the
               organisation as being necessary to bring them into conformity
               with subsection 198 (1) of the Act; and

        (iii)  notifying the organisation of its right to be heard and to make
               submission, in accordance with subregulation (4), in relation
               to that proposed determination.

(4) In relation to the hearing referred to in subregulation (3), the
organisation may make submissions to the Industrial Registrar by:

   (a)  lodging in the Industrial Registry, not less that 2 days before the
        day fixed for the hearing, written submissions in relation to that
        determination; or

   (b)  appearing at the hearing and making oral submissions to the Industrial
        Registrar; or both.