Amendments of other Acts
Schedule 2 Amendments of other Acts
Section 86
Administrative Decisions (Judicial Review) Act 1977
Paragraph (a) of Schedule 1
Omit “, other than decisions of the Director of the Industrial Relations Bureau made on behalf of the Bureau;”, substitute “or the Industrial Relations Act 1988;”.
Paragraph (b) of Schedule 1
Omit the paragraph.
Affirmative Action (Equal Employment Opportunity for Women) Act 1986
Subsection 3(1) (paragraph (a) of the definition of trade union)
Omit the paragraph, substitute the following paragraph:
(a) an association of employees that is an organisation within the meaning of the Industrial Relations Act 1988; or
Audit Act 1901
Subparagraph 48B(4)(a)(iii)
Omit “Commonwealth Conciliation and Arbitration Commission”, substitute “Australian Industrial Relations Commission”.
Subparagraph 48B(4)(a)(iv)
Omit the subparagraph.
Australian Broadcasting Corporation Act 1983
Section 3 (definition of award)
Omit “means—”, substitute “means an award within the meaning of the Industrial Relations Act 1988, and includes:
a certified agreement that is taken to be an award under that Act;”.
Subsections 41(12), 57(13) and 66(14)
Omit “an organization registered under the Conciliation and Arbitration Act 1904”, substitute “an organisation within the meaning of the Industrial Relations Act 1988”.
Australian Federal Police Act 1979
Subsection 26A(5)
Omit the subsection.
Heading to Division 1 of Part V:
Omit the heading.
Subsection 29(1) (definitions of agreement, association, Commission, determination and Tribunal)
Omit the definitions.
Subsection 29(2)
Omit the subsection.
Section 30
Add at the end “and may vary or rescind any such determination”.
Sections 31 and 32
Repeal the sections.
Subsection 34(5)
Omit “formed in accordance with regulations made under paragraph 40(1)(a)”, substitute “of members that is an organisation within the meaning of the Industrial Relations Act 1988”.
Paragraph 40(1)(a)
Omit the paragraph.
Divisions 2 and 3 of Part V
Repeal the Divisions.
Section 74
Repeal the section.
Australian National Railways Commission Act 1983
Division 4 of Part IV
Repeal the Division.
Builders Labourers’ Federation (Cancellation of Registration Consequential Provisions) Act 1986
Section 3 (definition of award)
Omit the definition, substitute the following definition:
award means:
an award made under, or a certified agreement that is taken to be an award made under, the Industrial Relations Act; or
an award made under the Conciliation and Arbitration Act, an order made by the Australian Conciliation and Arbitration Commission under that Act or a memorandum certified in accordance with section 28 of that Act.
Section 3 (definition of Commission)
Omit “Australian Conciliation and Arbitration Commission”, substitute “Australian Industrial Relations Commission”.
Section 3 (definition of industrial dispute)
Omit “Conciliation and Arbitration Act”, substitute “Industrial Relations Act”.
After the definition of industrial dispute in section 3
Insert the following definition:
Industrial Relations Act means the Industrial Relations Act 1988.
Section 3 (subparagraph (b)(i) of the definition of non‑registered association)
Omit “registered under the Conciliation and Arbitration Act”, substitute “an organisation within the meaning of the Industrial Relations Act”.
Section 3 (definition of Registrar)
Omit the definition.
Subsection 4(1)
Add at the end “in spite of the repeal of that Act”.
Subsection 4(4)
Omit “Conciliation and Arbitration Act” (first occurring), substitute “Industrial Relations Act”.
Subparagraph 4(4)(a)(ii)
Omit “section 4 of the Conciliation and Arbitration Act”, substitute “subsection 4(1) of the Industrial Relations Act”.
Paragraph 4(4)(b)
Omit the paragraph, substitute the following paragraph:
an industrial issue within the meaning of section 5 of the Industrial Relations Act, so far as that industrial issue relates to a claim made by a non‑registered association or by persons who are members of a non‑registered association.
Subsection 4(5)
Omit “Conciliation and Arbitration Act”, substitute “Industrial Relations Act”.
Omit “organization of employees registered under that Act”, substitute “association of employees that is an organisation within the meaning of that Act”.
Subsection 4(6)
Omit “before the Commission or the Registrar”, substitute “under this Act or the Industrial Relations Act”.
Omit “section 132 of the Conciliation and Arbitration Act”, substitute “Division 1 of Part IX of the Industrial Relations Act”.
Subsection 5(1)
Omit “section 132 of the Conciliation and Arbitration Act”, substitute “Division 1 of Part IX of the Industrial Relations Act”.
Omit “that section”, substitute “that Division”.
Subparagraph 5(1)(b)(i)
Omit “that section”, substitute “that Division”.
Subparagraph 5(1)(b)(ii)
Omit “Conciliation and Arbitration Act”, substitute “Industrial Relations Act”.
Paragraph 5(1)(c)
Omit “Conciliation and Arbitration Act”, substitute “Industrial Relations Act”.
Omit “section 132”, substitute “Division 1 of Part IX”.
Subsection 5(2)
Omit the subsection.
Subsection 6(1)
Omit the subsection, substitute the following subsection:
The powers of the Commission under or by virtue of this Act are exercisable by a Full Bench of the Commission established under subsection 30(2) of the Industrial Relations Act.
Subsection 6(2)
Omit “Conciliation and Arbitration Act”, substitute “Industrial Relations Act”.
Subsection 7(2)
Omit “organization of employees that is registered under the Conciliation and Arbitration Act”, substitute “association of employees that is an organisation within the meaning of the Industrial Relations Act”.
Subsection 7(3)
Omit “organization of employees that is registered under the Conciliation and Arbitration Act”, substitute “association of employees that is an organisation within the meaning of the Industrial Relations Act”.
Omit “to which the Registrar has consented under section 139”, substitute “which has been consented to under section 234”.
Subsection 7(4)
Omit “Conciliation and Arbitration Act”, substitute “Industrial Relations Act”.
Commonwealth Electoral Act 1918
Section 5 (definition of electoral matters)
Insert “or the Industrial Relations Act 1988” after “Conciliation and Arbitration Act 1904”.
Commonwealth Teaching Service Act 1972
Division 7 of Part III
Repeal the Division.
Subsection 43Y(3)
Omit “Conciliation and Arbitration Act 1904”, substitute “Industrial Relations Act 1988”.
Compensation (Commonwealth Government Employees) Act 1971
Before paragraph 103(1)(a)
Insert the following paragraph:
an award, or an order of the Australian Industrial Relations Commission, made under the Industrial Relations Act 1988;
Defence Act 1903 Section 58F (definition of Commission)
Omit the definition, substitute the following definition:
Commission means the Australian Industrial Relations Commission established by section 8 of the Industrial Relations Act 1988.
Section 58F (definition of presidential member of the Commission)
Omit “section 6 of the Conciliation and Arbitration Act 1904”, substitute “section 9 of the Industrial Relations Act 1988”.
Evidence Act 1905
Paragraph 4(1)(a)
Insert “or of the Australian Industrial Relations Commission” after “Commission”.
Paragraph 4(1)(b)
Omit “or of the Commonwealth Conciliation and Arbitration Commission”, substitute “, of the Commonwealth Conciliation and Arbitration Commission or of the Australian Industrial Relations Commission”.
Freedom of Information Act 1982
Schedule 1:
Omit “Australian Conciliation and Arbitration Commission”, substitute “Australian Industrial Relations Commission”.
Omit “Flight Crew Officers Industrial Tribunal”.
Omit “Public Service Arbitrators and Deputy Public Service Arbitrators”.
Health Insurance Act 1973
Subsections 78D(2), 78E(1) and 78H(1)
Omit “Australian Conciliation and Arbitration Commission”, substitute “Australian Industrial Relations Commission”.
Income Tax Assessment Act 1936
Subsection 27A(1) and section 116E (paragraph (c) of the definition of registered organization in each provision)
Omit “registered as an organization under the Conciliation and Arbitration Act 1904”, substitute “an organisation within the meaning of the Industrial Relations Act 1988”.
Insurance Act 1973
Subsection 3(1) (paragraph (e) of the definition of insurance business)
Omit “registered as an organization under the Conciliation and Arbitration Act 1904”, substitute “an organisation within the meaning of the Industrial Relations Act 1988”.
Insurance (Deposits) Act 1932
Subsection 3(1) (paragraph (e) of the definition of Insurance business)
Omit “registered as an organization under the Conciliation and Arbitration Act 1904‑1972”, substitute “an organisation within the meaning of the Industrial Relations Act 1988”.
Judicial and Statutory Officers (Remuneration and Allowances) Act 1984
Subsection 3(2)
Insert “or the Australian Industrial Relations Commission” after “Commission”.
After paragraph (a) of the definition of headquarters in subsection 6(1)
Insert the following paragraph:
if that office is an office of President or Deputy President of the Australian Industrial Relations Commission, and the sole or principal place of residence of the person is situated in a locality in which there is a registry of the Australian Industrial Registry—that locality; or
Subsection 6(1) (paragraph (b) of the definition of headquarters)
Insert “or (aa)” after “(a)”.
Subsection 6(1) (paragraphs (b) and (c) of the definition of office to which this section applies)
Omit the paragraphs, substitute the following word and paragraph:
; or (b) President or Deputy President of the Australian Industrial Relations Commission.
Judiciary Act 1903
Paragraph 39B(2)(a)
Omit “Conciliation and Arbitration Act 1904”, substitute “Industrial Relations Act 1988”.
Jurisdiction of Courts (Cross‑vesting) Act 1987
Subsection 4(4)
Insert “Industrial Relations Act 1988, the” before “Conciliation and Arbitration Act 1904”.
Jury Exemption Act 1965
Schedule:
Omit “Commonwealth Conciliation and Arbitration Commission”, substitute “Australian Industrial Relations Commission”.
Life Insurance Act 1945
Subsection 4(1) (paragraph (aa) of the definition of life insurance business)
Omit “registered as an organization under the Conciliation and Arbitration Act 1904”, substitute “an organisation within the meaning of the Industrial Relations Act 1988”.
Long Service Leave (Commonwealth Employees) Act 1976
Paragraph 12(11)(a)
Omit the paragraph, substitute the following paragraph:
the employee is an officer or employee, within the meaning of the Industrial Relations Act 1988, of an organisation within the meaning of that Act; or
Paragraph 15(1)(a)
Omit “and” (last occurring).
After paragraph 15(1)(b)
Insert the following word and paragraph:
; and (c) does not prevent the making of an award, or the certification of an agreement, under the Industrial Relations Act 1988 in relation to long service leave for maritime employees included in a prescribed class of maritime employees, or affect the operation of such an award or agreement.
Subsection 15(1)
Omit all the words from and including “and subsection 41A(2)”.
Subsection 15(4)
Omit the subsection, substitute the following subsection:
In this section:
maritime employee has the same meaning as in the Industrial Relations Act 1988.
seamen has the same meaning as in Division 2 of Part III of the Conciliation and Arbitration Act 1904.
Maritime College Act 1978
Section 29
Repeal the section.
Merit Protection (Australian Government Employees) Act 1984
Paragraphs 40(b) and 48(b)
Omit “an organization that is registered under the Conciliation and Arbitration Act 1904 and”, substitute “an organisation within the meaning of the Industrial Relations Act 1988 that”.
National Crime Authority Act 1984
Subsection 19A(8) (definition of prescribed agency)
Omit “Australian Conciliation and Arbitration Commission”, substitute “Australian Industrial Relations Commission”.
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