Commonwealth Numbered Regulations - Explanatory Statements

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INDUSTRIAL RELATIONS REGULATIONS (AMENDMENT) 1993 NO. 330

Statutory Rules 1993 No. 330

Issued by the authority of the Minister for Industrial Relations

Industrial Relations Act 1988

Industrial Relations Regulations (Amendment)

Subsection 359 (1) of the Industrial Relations Act 1988 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.

Paragraph 4 (1) (f) of the Act excludes from "public sector employment" employment by those in a prescribed class. The Industrial Relations Regulations (the Regulations) list those authorities included in the prescribed class.

The Snowy Mountains Engineering Corporation Limited (SMEC) is listed in a Schedule to the Regulations in force under the Act (Schedule 3) which excludes its employees from being deemed to be in the public sector. Now that the Commonwealth has sold SMEC the exclusion is no longer necessary as employment with SMEC can no longer be public sector employment for the purposes of the Act.

The Regulations amend the Regulations to remove SMEC from Schedule 3 of the Regulations from 9 November 1993 the day on which the SMEC sale was completed.

The Snowy Mountains Engineering Corporation Limited Sale Act 1993 (the Sale Act) provides the legal framework for the sale of SMEC.

Subsection 39(1) of the Sale Act provides that subsection 48(2) of the Acts Interpretation Act 1901 (which provides that retrospective regulations will have no effect if they adversely affect the rights of a person or impose liabilities on a person) does not apply to regulations made under any Act that:

(a) are connected with the sale of SMEC; and

(b) include a declaration that the Governor-General is satisfied that they are connected with the sale of SMEC; and

(c) are expressed to take effect on the sale day.

Subsection 39 (2) of the Sale Act provides that regulations covered by subsection (1) take effect on the sale day.

The Regulations are connected with the sale of SMEC and are made for the purposes of subsection 39 (1) of the Sale Act.

The Minister for Finance has declared 9 November 1993 as sale day by notice in Special Gazette No S 334 on Thursday 11 November 1993.

Details of the Regulations are as follows.

Regulation 1 provides for the amendment of the Industrial Relations Regulations.

Regulation 2 removes SMEC from the fist of prescribed Commonwealth authorities for which public sector employment is defined.

Regulation 3 provides that these regulations are connected with the sale of SMEC.

The Regulations take effect on the sale day.