Federal Register of Legislation - Australian Government

Primary content

Act No. 62 of 1991 as made
An Act to amend legislation relating to industrial relations and practices, and for related purposes
Date of Assent 30 May 1991
Date of repeal 10 Mar 2016
Repealed by Amending Acts 1990 to 1999 Repeal Act 2016
 

INDUSTRIAL RELATIONS LEGISLATION AMENDMENT (No. 2) ACT 1991 No. 62, 1991

INDUSTRIAL RELATIONS LEGISLATION AMENDMENT (No. 2) ACT 1991 No. 62 of 1991 - LONG TITLE

An Act to amend legislation relating to industrial relations and
practices, and for related purposes

INDUSTRIAL RELATIONS LEGISLATION AMENDMENT (No. 2) ACT 1991 No. 62 of 1991 - SECT 1
Short title

(Assented to 30 May 1991)
1. This Act may be cited as the Industrial Relations Legislation Amendment Act (No. 2) 1991.

(Minister's second reading speech made in-
House of Representatives on 18 April 1991
Senate on 13 May 1991)

INDUSTRIAL RELATIONS LEGISLATION AMENDMENT (No. 2) ACT 1991 No. 62 of 1991 - SECT 2
Commencement

2. (1) Sections 1 and 2 commence on the day on which this Act receives the Royal Assent.
(2) Subject to subsection (3), the remaining provisions of this Act commence on a day or days to be fixed by Proclamation.
(3) If a provision of this Act does not commence under subsection (2) within the period of 6 months beginning on the day on which it receives the Royal Assent, it commences on the first day after the end of that period.

INDUSTRIAL RELATIONS LEGISLATION AMENDMENT (No. 2) ACT 1991 No. 62 of 1991 - SECT 3
Amendments of Acts

3. The Acts specified in the Schedule are amended as set out in the Schedule.

INDUSTRIAL RELATIONS LEGISLATION AMENDMENT (No. 2) ACT 1991 No. 62 of 1991 - SCHEDULE

SCHEDULE Section 3
AMENDMENTS OF ACTS
PART 1
Defence Act 1903
Section 58F (definition of "presidential member of the Commission"):
Before "a Deputy" insert "the Vice President, a Senior Deputy President or".
Section 58F:
Insert:
"'single member' means a member of the Tribunal specified in a
direction made under subsection 58KA (1);".
After subsection 58K (9):
Insert:
"(10) Where the Tribunal thinks that a person or body should
be heard in relation to a matter that is being, or is to be,
considered by the Tribunal, the Tribunal may permit the person
or body to be present, and to make submissions to the Tribunal,
during proceedings before the Tribunal in relation to that matter.".
After section 58K:
Insert:
Single member may conduct Tribunal's business
"58KA. (1) Subject to subsection (2), the Chairman may:
(a) if a person referred to in subsection 58K (9) requests
the Chairman to do so and the Chairman considers it appropriate; or
(b) in any case, on the Chairman's initiative;
direct, in writing, that a member of the Tribunal specified in
the direction is to conduct the Tribunal's business in relation
to any matter that is specified in the direction, being a matter
that is being, or is to be, dealt with by the Tribunal.
"(2) The Chairman must not, in a direction made under
subsection (1), direct that a single member is to deal with a
request made under subsection 58KC (1).
"(3) The Chairman may, at any time, in writing, terminate a
direction made under subsection (1).
"(4) Where a single member is conducting the Tribunal's
business in relation to a matter:
(a) the single member may exercise any powers or perform any
functions of the Tribunal in relation to that matter; and
(b) any act of the single member in relation to that matter
is taken to be an act of the Tribunal.
"(5) In this section, a reference to a matter that is being,
or is to be, dealt with by the Tribunal includes a reference to
any part of such a matter.
Procedure where single member is conducting Tribunal's business
"58KB. (1) Where a single member is conducting the Tribunal's business:
(a) section 58K does not apply to the single member's conduct
of such business; and
(b) the following provisions apply.
"(2) The single member may conduct such proceedings relating
to the matter to which the direction relates as he or she

Back to Top

considers necessary.
"(3) In the conduct of the Tribunal's business:
(a) the single member is not bound to act in a formal manner; and
(b) the single member may inform himself or herself on any
matter in such manner as he or she thinks fit and is not bound
by the rules of evidence.
"(4) The single member must, in making a determination, have
regard to any decision of, or principles established by, the
Commission that is or are, in the opinion of the single member,
relevant to the making of that determination.
"(5) The Defence Force Advocate and a person representing the
Commonwealth are entitled to be present, and to make submissions to the
single member, during any proceedings conducted by the single member.
"(6) Where the single member thinks that a person or body
should be heard in relation to a matter that is being, or is to
be, considered by him or her, the single member may permit the
person or body to be present, and to make submissions to the
single member, during proceedings conducted by the single member
in relation to that matter.
Review of action etc. of single member
"58KC. (1) Where:
(a) a single member is conducting the Tribunal's business in
relation to a matter; and
(b) in dealing with the matter, the single member exercises a
power or performs a function of the Tribunal;
the Minister, the Secretary or the Chief of the Defence Force
may, by notice in writing given to the Chairman within 28 days
after the single member has completed his or her conduct of that
business, request the Tribunal to reconsider the exercise of the
power or performance of the function.
"(2) The notice must specify the exercise of the power or the
performance of the function requested to be reconsidered and the
grounds for seeking the reconsideration.
"(3) As soon as practicable after the request is made, the
Tribunal must:
(a) reconsider the exercise of the power or performance of
the function specified in the request; and
(b) make a determination affirming, varying or replacing
anything done by the single member in exercising that power or
performing that function.
Determinations giving effect to agreement between the parties
"58KD. The Tribunal may, in making a determination, give
effect to any agreement reached between the Minister, acting on
behalf of the Commonwealth, and the Chief of the Defence Force,
acting on behalf of the members of the Australian Defence Force,
in relation to a matter to which the determination relates.".
PART 2
Industrial Chemicals (Notification and Assessment) Act 1989
Subsection 7 (2) (paragraph (f) of the definition of "agricultural chemical"):
Omit "the regulations not to be an agricultural chemical
product for the purposes of the Agricultural and Veterinary
Chemicals Act 1988", substitute "regulations made under the
Agricultural and Veterinary Chemicals Act 1988 not to be an
agricultural chemical product for the purposes of that Act.".
Subsection 7 (2) (definition of "veterinary chemical product"):
Omit "the regulations not to be a veterinary chemical product
for the purposes of the Agricultural and Veterinary Chemicals
Act 1988", substitute "regulations made under the Agricultural
and Veterinary Chemicals Act 1988 not to be a veterinary
chemical product for the purposes of that Act.".
Subparagraph 111 (c) (ii):
(a) Omit "or in paragraph (c) of the definition of
'veterinary chemical product' in subsection 7 (2)".
(b) Omit "and", substitute "or".
After subparagraph 111 (c) (ii):
Insert:
"(iii) a substance or mixture of substances of a kind that
is declared by regulations made under the Agricultural and
Veterinary Chemicals Act 1988 not to be a veterinary chemical
product for the purposes of that Act; and".
PART 3
Industrial Relations Act 1988
Subsection 4 (1) (definition of "Presidential Member"):
After "the President" insert ", the Vice President, a Senior Deputy President".
Subsection 4 (1):
Insert:
"'Senior Deputy President' means a Senior Deputy President of the Commission;
'Vice President' means the Vice President of the Commission;".

Back to Top

After paragraph 8 (2) (a):
Insert:
"(ab) a Vice President;
"(ac) such number of Senior Deputy Presidents as, from time
to time, hold office under this Act;".
Subsection 9 (1):
Insert ", Vice President, Senior Deputy Presidents" after "President".
Subsection 10 (2):
(a) After "a person as" insert "the Vice President, a
Senior Deputy President or".
(b) Omit "a Deputy President" (second occurring), substitute "the
Vice President, a Senior Deputy President or a Deputy President".
(c) Omit "a Deputy President" (last occurring), substitute "the Vice
President, a Senior Deputy President or a Deputy President (as the case
may be)".
After paragraph 11 (a):
Insert:
"(ab) the Vice President;
(ac) the Senior Deputy Presidents, according to the days on
which their commissions took effect, or, where the commissions
of 2 or more of them took effect on the same day, according to
the precedence assigned to them by their commissions;".
Subsection 17 (1):
Omit the subsection, substitute:
"17. (1) During any period when:
(a) the President is absent from duty or from Australia, or
is for any other reason unable to perform the duties of the
office of President; or
(b) there is a vacancy in the office of President (whether or
not an appointment has previously been made to the office);
the Governor-General may appoint the Vice President, if
available, to act in that office.
"(1A) If, during a period referred to in subsection (1),
there is a vacancy in the office of Vice President or the Vice
President is unavailable to act in the office of President, the
Governor-General may appoint any Presidential Member qualified
to be appointed as President to act in the office of President.".
Subsection 17 (2):
After "subsection (1)" insert "or subsection (1A)".
Subsection 17 (3):
Omit the subsection, substitute:
"(3) In this section:
'Presidential Member' does not include a person acting in a
Presidential Member's office;
'Vice President' does not include a person acting as Vice President.".
After section 17:
Insert:
Acting Vice President
"17A. (1) The Governor-General may appoint a person who is
qualified to be appointed as the Vice President to act in the
office of Vice President:
(a) during a vacancy in the office (whether or not an
appointment has previously been made to the office); or
(b) during any period, or during all periods, when the Vice
President is absent from duty or from Australia or is, for any
other reason, unable to perform the duties of the office.
"(2) Anything done by or in relation to a person purporting
to act under subsection (1) is not invalid merely because:
(a) the occasion for the appointment had not arisen; or
(b) there was a defect or irregularity in connection with the
appointment; or
(c) the appointment had ceased to have effect; or
(d) the occasion for the person to act had not arisen or had ceased.
Acting Senior Deputy President
"17B. (1) The Governor-General may appoint a person qualified
to be appointed as a Senior Deputy President to act as Senior
Deputy President for a specified period (including a period that
exceeds 12 months) if the Governor-General is satisfied that the
appointment is necessary to enable the Commission to perform its
functions effectively.
"(2) Anything done by or in relation to a person purporting
to act under subsection (1) is not invalid merely because:
(a) the occasion for the appointment had not arisen; or
(b) there was a defect or irregularity in connection with the
appointment; or
(c) the appointment had ceased to have effect; or
(d) the occasion for the person to act had not arisen or had ceased.
"(3) For the purpose of subsection (1) only, a person is not
disqualified from appointment as a Senior Deputy President
merely because the person has reached 65.".

Back to Top

Paragraph 18 (2) (b):
Omit "or".
Paragraph 18 (2) (c):
Add at the end:
"; or (d) the occasion for the person to act had not arisen or had ceased.".
After section 19:
Insert:
Discharge of Commission's business
"19A. The President is to be assisted by the Vice President in ensuring the orderly and quick discharge of the business of the Commission.".
Subsection 21 (1):
After "The President," insert "the Vice President, each Senior Deputy President".
Subsection 21 (2A):
Omit "Each Deputy President is", substitute "The Vice President, each
Senior Deputy President and each Deputy President are".
Paragraph 35 (a):
Add at the end "and".
Paragraphs 35 (b), (c) and (d):
Omit the paragraphs, substitute:
"(b) where the President is not a member and the Vice
President is a member - the opinion of the Vice President; and
(c) where neither the President nor the Vice President is a
member and only one Senior Deputy President is a member - the
opinion of the Senior Deputy President; and
(d) where neither the President nor the Vice President is a member
and 2 or more Senior Deputy Presidents are members - the opinion of the
Senior Deputy President who has seniority under section 11; and
(e) where the President, the Vice President and any Senior
Deputy President are not members, and only one Deputy President
is a member - the opinion of the Deputy President; and
(f) where the President, Vice President and any Senior Deputy
President are not members and 2 or more Deputy Presidents are
members - the opinion of the Deputy President who has seniority
under section 11; and
(g) in any other case - the opinion of the Commissioner who
is a member and who has seniority under section 11.".
Section 40:
Repeal the section, substitute:
Delegation by President
"40. (1) The President may, by signed instrument, delegate to the Vice
President all or any of the President's powers under this Act.
"(2) If the President delegates a power to the Vice President under
subsection (1), he or she may, in addition, delegate that power to a
Senior Deputy President to be exercised when the Vice President is
unable, for any reason, to exercise that power personally.".
Subsection 176 (1):
Omit "a Deputy President", substitute "another Presidential Member".
Paragraph 202 (2) (a):
Add at the end "and".
Paragraph 202 (2) (b):
Omit the paragraph, substitute:
"(b) as soon as possible after a designated Presidential Member is
satisfied of the matters mentioned in paragraphs (2A) (a) and (b), the
Industrial Registrar must enter particulars of the agreement in the
register kept under paragraph 63 (1) (a); and".
After subsection 202 (2):
Insert:
"(2A) An agreement entered into by an organisation under its
rules made under subsection (1) comes into force only if a
designated Presidential Member is satisfied that the agreement:
(a) is not contrary to any objects of this Act; and
(b) is entered into only for the purpose of overcoming any legal
difficulty that may arise in connection with the participation or
possible participation of ineligible State members in the administration
of the organisation or in the conduct of its affairs.".
PART 4
Industrial Relations (Consequential Provisions) Act 1988
Subsection 4 (2) (definition of "new Presidential Member"):
After "the President" insert ", the Vice President, a Senior Deputy
President".
Subsection 80 (1):
(a) After "person appointed as" insert "the Vice President, a Senior Deputy President or".
(b) Omit "a Deputy President" (last occurring), substitute
"the Vice President, a Senior Deputy President or a Deputy
President (as the case may be)".
PART 5
Trade Union Training Authority Act 1975

Back to Top

Section 3 (definitions of "Australian Council", "council",
"Director", "Executive Committee", "National Director" and "Regional Council"):
Omit the definitions.
Section 3:
Insert:
"'Chairperson' means the Chairperson of the Executive Council;
'Executive Council' means the Executive Council of the Authority
established by section 10;
'Executive Officer' means the Executive Officer of the Authority;
'member' means a member of the Executive Council;
'Regional Advisory Council' means a Regional Advisory Council
established under section 29;".
Section 7A:
Omit "Australian Council", substitute "Executive Council".
Subsections 8 (1) and (2):
Omit "Australian Council", substitute "Executive Council".
PARTS IIA, III, IV and IVA:
Omit the Parts, substitute:
"PART III - EXECUTIVE OFFICER
Executive Officer
"8A. (1) There is to be an Executive Officer of the
Australian Trade Union Training Authority.
"(2) The Executive Officer is responsible for the conduct of the
affairs of the Authority in accordance with the policy formulated by,
and any directions given by, the Executive Council.
Acts done by Executive Officer taken to have been done by the Authority
"8B. All acts and things done in the name of, or on behalf
of, the Authority by, or with the authority of, the Executive
Officer are taken to have been done by the Authority.
Executive Officer may arrange for provision of training courses at other places
"8C. Without limiting the generality of section 7, the Executive
Officer may, on behalf of the Authority, arrange for the provision of
courses of, or related to, trade union training at places in Australia
other than the College or Trade Union Training Centres.
Appointment etc. of Executive Officer
"8D. (1) The Executive Officer is to be appointed by the Minister.
"(2) Subject to subsection (3), the Executive Officer holds
office for such period (not exceeding 7 years) as is specified
in the instrument of appointment, but is eligible for re-appointment.
"(3) The Minister must not appoint or re-appoint a person as
the Executive Officer:
(a) who has reached 65; or
(b) for a period that extends beyond the date on which the
person will reach 65.
Executive Officer's entitlement to salary if member of Commission
"8E. (1) If the person holding the office of Executive Officer is a
member of the Australian Industrial Relations Commission, the person is
not entitled to receive any remuneration or allowances in respect of the
office of member of the Commission.
"(2) The person's holding of the office of Executive Officer
does not otherwise affect the person's holding of the office of
member of the Commission.
Remuneration of Executive Officer
"8F. (1) The Executive Officer is to be paid such
remuneration as is determined by the Remuneration Tribunal but,
if no determination of that remuneration by the Tribunal is in
operation, is to be paid such remuneration as is prescribed.
"(2) The Executive Officer is to be paid such allowances as
are prescribed.
"(3) Subsections (1) and (2) have effect subject to the
Remuneration Tribunal Act 1973.
"(4) Payments under this section must be made out of the
money of the Authority.
Leave of absence
"8G. (1) Subject to section 87E of the Public Service Act
1922, the Executive Officer has such recreation leave
entitlements as are determined by the Remuneration Tribunal.
"(2) The Minister may grant the Executive Officer leave of absence,
other than recreation leave, on such terms and conditions as to
remuneration or otherwise as the Minister determines.
Resignation
"8H. The Executive Officer may resign by written notice
signed and delivered to the Minister.
Termination of appointment
"8J. (1) The Minister may terminate the appointment of the
Executive Officer for misbehaviour or physical or mental incapacity.
"(2) The Minister must terminate the appointment of the
Executive Officer if the Executive Officer:

Back to Top

(a) becomes bankrupt, applies to take the benefit of any law
for the relief of bankrupt or insolvent debtors, compounds with
his or her creditors or makes an assignment of his or her
remuneration for their benefit; or
(b) is absent from duty for 14 consecutive days, or for 28
days in any 12 months, except on leave granted under section 8G; or
(c) engages, except with the approval of the Minister, in
paid employment outside the Executive Officer's duties; or
(d) without reasonable excuse, fails to comply with section 8K.
Disclosure of interest
"8K. The Executive Officer must give written notice to the
Minister of all direct or indirect pecuniary interests that the
Executive Officer has or acquires in any business or in any body
corporate carrying on a business.
Acting Executive Officer
"8L. (1) The Minister may appoint a person to act as Executive
Officer:
(a) during a vacancy in the office of Executive Officer, whether or
not an appointment has previously been made to the office; or
(b) during any period, or during all periods, when the Executive
Officer is absent from duty or from Australia or is, for any reason,
unable to perform the functions and duties of the office.
"(2) A person appointed under subsection (1) to act during a
vacancy in the office of Executive Officer must not continue to
act as Executive Officer for more than 12 months.
"(3) The Minister may determine the terms and conditions of
appointment of a person appointed under subsection (1).
"(4) The Minister may terminate an appointment made under
subsection (1) at any time.
"(5) If the office of Executive Officer becomes vacant while
a person is acting as Executive Officer under paragraph (1) (b),
the person may continue so to act until:
(a) the Minister otherwise directs; or
(b) the vacancy is filled; or
(c) a period of 12 months from the date on which the vacancy
occurred expires;
whichever occurs first.
"(6) Sections 8G, 8H and 8K apply in relation to a person
appointed under subsection (1) in the same way as they apply in
relation to the Executive Officer.
"(7) The person acting as the Executive Officer has all the
powers, duties, rights and entitlements of the Executive Officer.
"(8) Anything done by or in relation to a person purporting
to act as the Executive Officer under this section is not
invalid merely because:
(a) there was a defect or irregularity in connection with the
appointment; or
(b) the appointment had ceased to have effect; or
(c) the occasion for the person to act or to be appointed had
not arisen or had ceased.
"PART IV - EXECUTIVE COUNCIL
"Division 1 - Establishment and function of Executive Council
Cessation of councils
"9. On the commencement of this section, the councils
established by or under subsections 9 (2), (3) and (4) of this
Act as in force immediately before that commencement cease to exist.
Establishment of Executive Council
"10. The Executive Council of the Australian Trade Union
Training Authority is established.
Functions and powers of Executive Council
"11. (1) The Executive Council is responsible for the
formulation of the policy of the Authority.
"(2) The Executive Council has such powers as are conferred
by or under this Act.
"Division 2 - Constitution and membership etc. of Executive Council
Constitution of Executive Council
"12. (1) The Executive Council consists of the following part-time members:
(a) one person to represent the community, being a person who
has knowledge or experience in relation to trade union training
and is appointed by the Minister;
(b) the Secretary or, if the Minister appoints another
officer of the Department in the Secretary's place, being an
officer nominated by the Secretary, that officer;
(c) 6 persons to represent the Australian Council of Trade
Unions, being persons nominated by the Australian Council of
Trade Unions and appointed by the Minister;
(d) 2 persons to represent employers, being persons appointed
by the Minister after consultation with organisations
representing employers in Australia;
(e) a person to represent the officers and employees of the

Back to Top

Authority, being a person who is an officer or employee of the
Authority selected in accordance with the regulations and is
appointed by the Minister.
"(2) The Executive Council is taken to have been constituted
when not less than 7 of its members have been appointed.
Chairperson of Executive Council
"13. (1) The Chairperson of the Executive Council is a member
who is nominated by the Executive Council and appointed by the
Minister to be the Chairperson of the Executive Council.
"(2) The Chairperson holds office for such period as is
specified in the instrument of appointment.
Acting Chairperson of Executive Council
"14. (1) The Minister may appoint a member to act as
Chairperson of the Executive Council for such period as is
specified in the instrument of appointment.
"(2) If, during any period:
(a) there is a vacancy in the office of Chairperson; or
(b) the Chairperson is absent from duty or from Australia or
is, for any reason, unable to perform the Chairperson's functions;
the person referred to in whichever is applicable of the
following paragraphs must act as the Chairperson during the period:
(c) if a member appointed under subsection (1) is available to
perform the Chairperson's functions during the period - that member; or
(d) in any other case - the member referred to in paragraph
12 (1) (b).
"(3) The person acting as the Chairperson has all the powers,
duties, rights and entitlements of the Chairperson.
Tenure of office
"15. (1) Subject to sections 20 and 21, a member referred to
in paragraph 12 (1) (a), (c), (d) or (e) holds office for such
period (not exceeding 3 years) as is specified in the instrument
of appointment, but is eligible for re-appointment in accordance
with this Act.
"(2) Subject to sections 20 and 21, if an officer of the
Department has been appointed under paragraph 12 (1) (b) in the
Secretary's place, the officer so appointed holds office as a
member during the Minister's pleasure.
Remuneration and allowances of members
"16. (1) A member is to be paid such remuneration as is
determined by the Remuneration Tribunal but, if no determination
of that remuneration by the Tribunal is in operation, is to be
paid such remuneration as is prescribed.
"(2) A member is to be paid such allowances as are prescribed.

"(3) This section has effect subject to the Remuneration Tribunal Act 1973.
Validity of appointments
"17. The appointment of a member is not invalid merely
because of a defect or irregularity in connection with the appointment.
Validity of proceedings
"18. The performance of the Executive Council's functions is
not affected merely because of vacancies in its membership.
Leave of absence
"19. The Minister may grant leave of absence to a member on
such terms and conditions as the Minister determines.
Resignation
"20. A member (other than the member referred to in paragraph 12 (1)
(b)) may resign by written notice signed and delivered to the Minister.
Termination of appointment
"21. (1) This section applies to a member referred to in
paragraph 12 (1) (a), (c), (d) or (e).
"(2) The Minister may terminate the appointment of a member
for misbehaviour or physical or mental incapacity.
"(3) If:
(a) a member becomes bankrupt, applies to take the benefit of
any law for the relief of bankrupt or insolvent debtors,
compounds with his or her creditors or makes an assignment of
his or her remuneration for their benefit; or
(b) the member referred to in paragraph 12 (1) (e) ceases to
be an officer or employee of the Authority; or
(c) a member fails, without reasonable excuse, to comply with
his or her obligation under section 22;
the Minister must terminate the appointment of that member.
"(4) The Minister may terminate the appointment of a member
referred to in paragraph 12 (1) (c) if the Australian Council of
Trade Unions notifies the Minister in writing that it no longer
wishes to be represented by that member.
Disclosure of interests
"22. (1) A member who has a direct or indirect pecuniary interest in a
matter being considered, or about to be considered, by the Executive
Council must, as soon as possible after the relevant facts have come to
the member's knowledge, disclose the nature of the interest at a meeting

Back to Top

of the Executive Council.
"(2) The disclosure must be recorded in the minutes of the
meeting and, unless the Minister or the Executive Council
otherwise determines, the member must not:
(a) be present during any deliberation of the Executive
Council in relation to the matter; or
(b) take part in any decision of the Executive Council in
relation to the matter.
"(3) For the purpose of the making of a determination by the
Executive Council under subsection (2) in relation to a member
who has made a disclosure under subsection (1), the member must not:
(a) be present during any deliberation of the Executive
Council for the purpose of the making of the determination; or
(b) take part in the making by the Executive Council of the determination.
"Division 3 - Meetings of the Executive Council
Convening of meetings
"23. The Chairperson:
(a) may convene meetings of the Executive Council; and
(b) must comply with any resolution of the Executive Council with
respect to the convening of meetings of the Executive Council; and
(c) must, on receipt of a written request signed by not less
than 3 members, convene a meeting of the Executive Council.
Presiding at meetings
"24. The Chairperson must preside at all meetings of the
Executive Council.
Quorum
"25. At a meeting of the Executive Council, the Chairperson
and 6 other members constitute a quorum.
Voting at meetings
"26. (1) All questions arising at a meeting of the Executive
Council must be determined by a majority of the votes of the
members present and voting.
"(2) The Chairperson has a deliberative vote but does not
have a casting vote.
Conduct of meetings
"27. (1) The Executive Council may regulate the conduct of
proceedings at its meetings as it thinks fit.
"(2) The Executive Council must keep minutes of those proceedings.
Reference to Chairperson includes reference to acting Chairperson
"28. A reference in this Division to the Chairperson of the Executive
Council is, if a person is acting as Chairperson of the Executive
Council, to be read as a reference to the person so acting.
"Division 4 - Regional Advisory Councils
Establishment of Regional Advisory Councils
"29. The Executive Council may, in respect of any
geographical division in Australia (in this Division called a
'region'), by instrument in writing:
(a) establish a Regional Advisory Council for that region; and
(b) appoint persons to be part-time members of that Regional
Advisory Council.
Constitution etc. of Regional Advisory Councils
"29A. (1) A Regional Advisory Council is to be constituted in
such manner and for such period as is determined by the
Executive Council in writing.
"(2) Without limiting subsection (1), the Executive Council
may make determinations relating to the appointment of a
Chairperson or members of a Regional Advisory Council.
Functions of Regional Advisory Councils
"29B. (1) Subject to subsection (2), the functions of a
Regional Advisory Council are to advise, and to make
recommendations to, the Executive Council in relation to matters
referred to it by the Executive Council.
"(2) The Executive Council must not refer to a Regional Advisory
Council a matter which is unrelated to the Executive Council's functions.
Miscellaneous matters relating to Regional Advisory Councils
"29C. (1) A Regional Advisory Council must conduct its business in the
manner determined by the Executive Council in writing.
"(2) Without limiting the generality of subsection (1), the
Executive Council may make determinations relating to:
(a) the rights, powers and duties of members of a Regional
Advisory Council; and
(b) the holding of meetings of a Regional Advisory Council; and
(c) any other matters that are necessary or convenient to be
determined for the carrying out of the functions of a Regional
Advisory Council.
Allowances for members of Regional Advisory Councils
"29D. A member of a Regional Advisory Council is not entitled to be
paid remuneration in respect of his or her membership of that Council,
but is entitled to be paid such allowances as are prescribed.".
Paragraphs 31 (1) (a), (aa) and (b):
Omit "National Director", substitute "Executive Officer".
Paragraphs 31 (2) (a) and (b):
Omit "National Director", substitute "Executive Officer".
Division 2 of Part V:
Repeal the Division.
Section 41:
Repeal the section, substitute:
Staff
"41. (1) The Executive Officer may, on behalf of the Authority,
appoint such officers and engage such employees as the Executive Officer
considers necessary for the purposes of this Act.
"(2) The Executive Officer is to determine:
(a) the duration of any appointment or engagement made under
subsection (1); and
(b) the terms and conditions of service of persons so appointed or
engaged, being terms and conditions approved by the Department.".
Subsections 51 (1) and (2):
Omit "National Director", substitute "Executive Officer".
Section 52:
Repeal the section, substitute:
Delegation by Executive Officer
"52. The Executive Officer may, by signed instrument, delegate to a
person appointed or employed under section 41 all or any of the
Executive Officer's powers and functions under this Act.".
Sections 53 and 54:
(a) Omit "A council" (wherever occurring), substitute "The
Executive Council".
(b) Omit "the council" (wherever occurring), substitute
"the Executive Council".
(c) Omit "a council" (wherever occurring), substitute "the
Executive Council".
(d) Omit "Chairman" (wherever occurring), substitute "Chairperson".
Section 55:
Omit "The authority", substitute "The Authority".

NOTE
1. On the day on which section 80 of the Industrial Relations (Consequential Provisions) Act 1988 is amended by this Act, the heading to the section is altered by omitting "Deputy Presidents" and substituting "Presidential Members".