Commonwealth Numbered Regulations

WORKPLACE RELATIONS AMENDMENT REGULATIONS 2003 (NO. 1) 2003 NO. 81 - SCHEDULE 1

(regulation 3)

[1] Regulation 2, definition of the Act

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Workplace Relations Act 1996.

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Workplace Relations Act 1996 , but does not include Schedule 1B to that Act or regulations made under that Schedule.

[2] Part VII, heading

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Part VII Entry and inspections by organisations

[3] Part VII, Divisions 1-7

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[4] Part VII, Division 8, heading

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[5] Regulations 106-109

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[6] After regulation 109C

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109D Endorsement of conscientious objection certificate (Act s 285C)

An application under subsection 285C (4) of the Act must contain a declaration signed by the employer stating that:

(a)

the conditions mentioned in paragraphs 285C (3) (a) and (c) of the Act are satisfied; and

(b)

the employer is a practising member of a religious society or order whose doctrines or beliefs preclude membership of an organisation or body other than the religious society or order of which the employer is a member; and

(c)

all of the employees employed by the employer have agreed that the employer's certificate should be endorsed.

[7] Regulations 110-116

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[8] Part VII, Division 9

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[9] Part VIII

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[10] Regulation 125

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125 Lodgment of documents in Industrial Registry
Any document required under Part IX of the Act or Part VII of these Regulations to be lodged in the Industrial Registry may be lodged by:

(a)

leaving it with a Registrar; or

(b)

properly addressing, prepaying and posting the document; or

(c)

electronic means prescribed by Rules of the Commission made under section 48 of the Act; or

(d)

any means authorised in writing by the Commission.

[11] Regulation 127

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(other than subsection 268 (12) and sections 269 and 274) or Part X of the Act or a document lodged in the Industrial Registry under Part VII (other than regulation 111) or Part VIII

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of the Act or under Part VII

[12] Regulation 128

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[13] After regulation 137

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138 Ballots conducted by the Australian Electoral Commission — no unauthorised action

(1)

If a secret ballot is conducted by the Australian Electoral Commission under the Act, a person other than the person conducting the ballot must not do, or purport to do, any act in the conduct of the ballot.

Penalty:
10 penalty units.

(2)

Strict liability applies to the physical element in subregulation (1) that the ballot is conducted under the Act.

Note
For strict liability , see section 6.1 of the Criminal Code .

(3)

It is a defence to a prosecution for an offence against subregulation (1) if the person was authorised or directed by the person conducting the ballot to do the act in the conduct of the ballot.

Note
A defendant bears an evidential burden in relation to the matters mentioned in subregulation (3) (see section 13.3 of the Criminal Code ).

139 No action for defamation in certain cases
No action or proceeding, civil or criminal, for defamation lies:

(a)

against the Commonwealth or an electoral official conducting, on behalf of the Australian Electoral Commission, a ballot under the Act in relation to the printing or issuing of a document or other material by the electoral official; or

(b)

if the document or other material mentioned in paragraph (a) is printed by another person — against that person, in relation to the printing.

[14] Schedule 1, Forms 2, 3, 4, 7, 8, 9, 10, 11, 11A, 11B, 11C and 12

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