Commonwealth Numbered Regulations - Explanatory Statements

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INDUSTRIAL RELATIONS REGULATIONS (AMENDMENT) 1996 NO. 269

EXPLANATORY STATEMENT

Statutory Rules 1996 No. 269

(Issued by the Authority of the Minister for Industrial Relations)

Industrial Relations Regulations (Amendment)

Subsection 359(1) of the Workplace Relations Act 1996 (the WR Act) provides that the GovernorGeneral may make regulations prescribing matters required or permitted by the WR Act, or necessary or convenient to give effect to the WR Act. The WR Act received Royal Assent on 25 November 1996. These regulations have the following purposes:

*       to rename the Industrial Relations Regulations as the Workplace Relations Regulations, consequent upon the enactment of the WR Act (regulation 3);

*       to ensure that references to the Industrial Relations Act 1988 are altered to references to the WR Act (regulations 4 and 6.2);

*       to prescribe the form of an identity card to be issued to persons appointed as authorised officers under the WR Act (regulation 5; proposed new regulation 8A);

*       to prescribe a procedure for authorised officers to follow prior to taking samples of any goods or substances (regulation 5; proposed new regulation 8B); and

*       to prescribe the allowances payable to the Employment Advocate appointed under the WR Act (regulation 5; proposed new regulation 8C).

Regulation 3 of the amending regulations omits former regulation 1, and replace it with a new regulation. Former regulation 1 provided that the Industrial Relations Regulations may be cited as such. The new regulation provides that the existing body of regulations may be cited as the Workplace Relations Regulations. This change reflects the fact that the Industrial Relations Act 1988 has now been re-named the WR Act

Regulation 4 of the amending regulations amends the definition of "the Act" contained in regulation 2 of the former body of regulations. The new definition refers to the WR Act.

Regulation 5 of the amending regulations inserts a new Part IIIA, which includes three new regulations: SA, 8B and 8C.

Section 83BG of the WR Act provides that the Employment Advocate may, by instrument in writing, appoint certain persons as authorised officers. Subsection 83BE(1) of the WR Act makes it clear that the Employment Advocate may delegate this power of appointment to certain persons.

Where a person is appointed as an authorised officer, subsection 83BG(3) of the WR Act provides that the Employment Advocate must issue an identity card in the form prescribed by the regulations. The identity card must contain a recent photograph of the authorised officer.

New regulation SA provides that an identity card issued for the purposes of subsection 83BG(3) of the Act must be in accord with Form 1A.

Paragraph 83BH(4)(b) of the Act provides that, in certain places of business, an authorised officer may, as prescribed by the regulations, take samples of any goods or substances. New regulation 8B provides that an authorised officer may take a sample of any goods or substances after giving notice of the authorised officer's intention to take a sample to the owner or other person in charge of the goods or substances, or to an appropriate employee or other representative of the owner or person.

Subsection 83BJ(2) of the Act provides that the Employment Advocate is to be paid such allowances as are prescribed by the regulations. New regulation 8C provides that the Employment advocate is to be paid such allowances as are payable to a Senior Executive Service officer in the Australian Public Service.

A number of forms prescribed by the regulations formerly referred to the Industrial Relations Act 1988. These references were no longer correct.

Regulation 6.2 of the amending regulations ensures that references in the prescribed forms to the Industrial Relations Act 1988 are altered to become references to the Workplace Relations Act 1996.