Commonwealth Numbered Regulations - Explanatory Statements

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INDUSTRIAL RELATIONS REGULATIONS (AMENDMENT) 1996 NO. 80

EXPLANATORY STATEMENT

Statutory Rules 1996 No. 80

Issued by the Authority of the Minister for Industrial Relations

Industrial Relations Act 1988

Industrial Relations Regulations (Amendment)

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

Paragraph (e) of the definition of "public sector employment" in subsection 4(1) of the Act provides that public sector employment means employment of, or service by, a person in any capacity (whether permanently or temporarily and whether full-time or part-time) by or in the service of a prescribed person or under a prescribed law. Paragraph 4(2)(c) of the Industrial Relations Regulations (the Regulations) prescribes in part, for the purposes of that definition, persons employed by, or in the service of a Commonwealth authority referred to in Schedule 3.

The Commonwealth Bank of Australia is prescribed in Schedule 3.

It is necessary to amend the Regulations to remove the Commonwealth Bank of Australia from Schedule 3 with effect from the commencement of item 20 of the Commonwealth Bank Sale Act 1995 (the Sale Act).

Item 20 of the Schedule to the Sale Act provides that the Commonwealth Bank of Australia is not a Commonwealth authority or Commonwealth company. Item 20 commences when the Commonwealth ceases to hold shares in the Commonwealth Bank of Australia that carry more than 59 per cent of the total voting rights attached to the voting shares in the Commonwealth Bank of Australia.

Proposed regulation 3 amends Schedule 3 of the Regulations by omitting Commonwealth Bank of Australia.

The proposed Regulations commence on the date of commencement of item 20 of the Schedule to the Sale Act.


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