House of Representatives

Industrial Relations (Consequential Provisions) Bill 1988

Industrial Relations (Consequential Provisions) Act 1988

Explanatory Memorandum

(Circulated by the authority of the Minister for Industrial Relations, the Hon Ralph Willis MP)

NOTES ON CLAUSES

NOTE:

In order to simplify notes, the following terms are used:

·
"Bill" is the Industrial Relations (Consequential Provisions) Bill
·
"commencement" refers to the commencement of the Industrial Relations Act
·
"Commission" means the Industrial Relations Commission which will be established by the new Act
·
"Court" refers to the Federal Court of Australia
·
"former Commission" means the Australian Conciliation and Arbitration Commission
·
"former Presidential member" refers to a Presidential Member of the Australian Conciliation and Arbitration Commission
·
"former Registrar" means a Registrar appointed under the Conciliation and Arbitration Act 1904
·
"new Act" refers to the Industrial Relations Bill 1988
·
"Presidential Member" refers to a Presidential Member of the Commission
·
"previous Act" is the Conciliation and Arbitration Act 1904
·
"Registrar" means a Registrar appointed under the new Act.

Part I - Preliminary

Clause 1: Short Title

This clause gives the short title of the Act.

Clause 2: Commencement

The substantive parts of the Bill are to come into operation on the commencement of section 8 of the Industrial Relations Act 1988.

Clause 3: Repeal

By this clause the Conciliation and Arbitration Act 1904 and a number of other amending Acts set out in Schedule 1 are repealed.

Clause 4: Interpretation

Unless otherwise stated the terms that are common to both the Bill and the Industrial Relations Act 1988 have the same meaning as they have in the Industrial Relations Act. Other terms used in the Bill are defined.

Part II - Savings and Transitional Provisions

Division 1 - Organisations and awards

Clause 5: Organisations registered under previous Act

This clause deems organisations registered immediately before the commencement of the new Act to be registered under the new Act and to have continuing corporate status.

Clause 6: Cancellation of registration under previous Act

This clause preserves the consequences under the previous Act of the cancellation of registration of an organisation.

Clause 7: Awards in force under previous Act

This clause provides that awards, determinations and agreements, made under the previous Act and under other legislation, which are in force immediately before the commencement continue in force after the commencement as if made under the new Act.

Sub-section (2) is included to ensure that all those persons bound by awards of the Flight Crew Officers Industrial Tribunal under Part IIIA of the previous Act (continued in force by this clause), including members of a "declared body", remain bound by those awards, even though such a body is not continued under the new Act.

Division 2 - Proceedings pending in Federal Court

Clause 8: Certain proceedings to be dealt with under the Industrial Relations Act

This clause makes general arrangements for the completion under the new Act of proceedings lodged in the Court under the previous Act, where the hearing of these proceedings had not begun at the commencement. Some exceptions to this clause are specified in Division 5.

Clause 9: Certain proceedings to be continued under previous Act

This clause provides that proceedings lodged in the Court under the previous Act, in which hearings have commenced, are to continue to be dealt with by the Court as if the previous Act had not been repealed. Some exceptions to this clause are specified in Division 5.

Clause 10: Appeals from Federal Court

This clause provides that appeals in matters completed in the Federal Court under clause 9 are to be dealt with as if the provisions of the previous Act still apply. The law to be applied in such appeals will be determined by reference to clause 21.

Division 3 - Proceedings to be dealt with by new Commission

Clause 11: Uncompleted proceedings before former Commission etc.

All matters before the former Commission and the Flight Crew Officers Industrial Tribunal, including matters referred by the Registrar under section 88E of the previous Act, that are uncompleted at the commencement are to be transferred by operation of this clause, to the new Commission. Sub-clause (2) sets out certain procedural and administrative arrangements that are to apply in relation to matters transferred to the Commission.

Clause 12: Federal Police Arbitral Tribunal

This clause provides for the transfer and continuation of proceedings before the Federal Police Arbitral Tribunal at the commencement. Sub-clauses (2) and (3) specify the procedural and administrative arrangements that are to apply in relation to matters transferred to the Commission.

Clause 13: References to proceedings and matters

This is a technical provision.

Clause 14: Industrial disputes notified under previous Act

This clause provides that an industrial dispute notified under the previous Act but not finally dealt with on the commencement is to be dealt with under the new Act in accordance with clause 11 of the Bill as if all prior action (including notification and findings) in the dispute had been taken under the new Act by the Commission.

Clause 15: References to industrial disputes

This clause ensures that the provisions of the new Act are capable of application to all proceedings transferred from the former Commission, including matters to which the previous Act applied by the operation of other legislation. Under this clause the Commission will have the jurisdiction to deal with all matters transferred to it, even though certain expressions used in previous legislation may differ from those used in the new Act.

Clause 16: Presidential member may refer certain matters to Registrar

The purpose of this clause is to allow a Presidential Member who is dealing with certain matters transferred from a former Registrar, a discretion to direct such a matter to a Registrar for completion. A decision made by the Registrar in such a matter is deemed to be a decision of the Presidential Member.

Clause 17: President may resolve difficulties

This clause allows the President to give directions to solve difficulties which may arise in the application of this Division to a particular proceeding. Such directions may not be inconsistent with the provisions of the new Act and are subject to any order the Court might make under clause 95.

Division 4 - General provisions

Clause 18: References to persons or bodies appointed or established under Industrial Relations Act

This is a technical provision that is necessary in order to apply provisions of the new Act to particular proceedings which commenced under the previous Act.

Clause 19: Provisions of previous Act imposing obligations for specified periods etc

This clause provides that time limits imposed under the previous Act which have not expired at the time the Act is repealed are to continue in force. If an obligation under the previous Act, continued by operation of this clause, is not satisfied, the relevant penalty for non-compliance under the new Act will apply.

Clause 20: Continued operation of provisions of previous Act

This clause ensures the continuation after the commencement of provisions of the previous Act and the Regulations which are necessary to complete proceedings which will continue under that Act.

Sub-clause (2) provides that a contravention of a provision of the previous Act continued by operation of the Bill is deemed to be an offence against the new Act.

Clause 21: Law to be applied in appeals

Under this clause the law to be applied to an appeal in proceedings commenced under the previous Act is that law which, by operation of the Bill, would have applied to the original proceedings.

Clause 22: Presidential Member dealing with applications under previous Act

This clause provides that where a Presidential Member takes over the hearing of matters that were before a Registrar under the previous Act, things done in relation to that matter before the Registrar are deemed to have been done in the proceeding before the Presidential Member. The Presidential Member is to have regard to any evidence etc. before the Registrar.

Clause 23: Documents or money filed or lodged under previous Act

This clause deals with the transfer of documents or money filed or lodged with a former Registrar.

Division 5 - Operation of particular provisions of previous Act and Industrial Relations Act

Clause 24: Appeals to Full Bench of Commission

Under this clause specified decisions of the former Commission made in the 21 days before the commencement may, with leave, be appealed to a Full Bench of the Commission. Sub-clause (3) specifies the parties who may institute the appeals in certain matters. Sub-clause (4) indicates that provisions of the new Act apply in relation to appeals instituted under this clause. Sub-clause (5) allows the President to give directions to resolve any difficulty which might arise from the application of this clause.

Clause 25: Questions referred to Court by Commission

This clause applies the provisions of clause 46 of the new Act to questions that were referred to the Court under section 107 of the previous Act by the former Commission and also to references made to the Court by the former Registrar under section 112 of the previous Act, where such references relate to a matter which, by operation of the Bill, will be dealt with by a Presidential Member after the commencement.

Clause 26: Register of organisations

This clause deems the register of organisations kept under the previous Act to be part of the register required to be kept under paragraph 63(1)(a) of the new Act.

Clause 27: Questions referred to Commission

By operation of this clause, clause 79 of the new Act is applied to matters or questions referred by the former Registrar to the former Commission, which are transferred by operation of Clause 11 of the Bill to the Commission. The Commission may refer the matter or question to the Presidential Member or the Registrar, who is, by operation of the Bill, dealing with the matter after the commencement

Clause 28: Appeals from acts and decisions of Registrar under previous Act

Any application for leave to appeal from an act or decision of a former Registrar, undetermined at the commencement, is, by operation of this clause, to be dealt with by the Commission under the relevant clause of the new Act.

Sub-clause (2) allows appeals from acts and decisions of the former Registrar to be made to the Commission under the relevant section of the new Act where no appeal has been lodged at the commencement of the new Act and the time for an appeal has not expired.

Clause 29: Questions referred to Court by Registrar

This clause applies the provisions of sub-clause 82(2) of the new Act to questions referred to the Court by a former Registrar in matters which, after commencement, are to be dealt with by a Registrar.

Clause 30: Inspectors appointed under previous Act

By this clause persons who were Inspectors under the previous Act immediately before the commencement are deemed to have been appointed as inspectors under the new Act.

Clause 31: Certain matters to be dealt with by Full Bench

The purpose of this clause is to provide that determinations of, or principles determined by, a Full Bench of the former Commission apply to proceedings under clause 106 of the new Act.

Clause 32: Review of certain awards and decisions

This clause allows the Minister to apply for a review, after the commencement, of awards, etc. made by the former Commission, or the Flight Crew Officers Industrial Tribunal, in the 21 day period before the commencement. The time limit laid down by the previous Act applies to such applications. Sub-clause (1)(b) applies the provisions of section 115 of the new Act to appeals against certifications under section 28 of the previous Act made within 21 days before the commencement of the new Act, where no appeal has been lodged under the previous Act.

Under sub-clause (2), applications for review made by the Minister but not completed before the commencement are to be dealt with by the new Commission under clause 109 of the new Act.

Clause 33: Exercise of conciliation powers before commencement

The purpose of this clause is to apply the provisions of clause 105 of the new Act to a member of the Conciliation and Arbitration Commission having exercised conciliation powers under the previous Act.

Clause 34: Demarcation orders

Applications under sub-section 142A(1) of the previous Act, not finally dealt with at the commencement, are to be dealt with by the new Commission under the provisions of the previous Act (sub-clause (1)).

Sub-clause (2) modifies the relevant provision of the previous Act to provide that applications dealt with in accordance with sub-clause (1) are handled by a designated Presidential Member.

Clause 35: Certified memorandums

This clause provides that requests for certification of section 28 agreements made under the previous Act and not completed before the commencement will, after the commencement, continue to be dealt with under the provisions of the previous Act.

Clause 36: Stand-down applications

This clause provides that a stand-down application transferred from the former Commission by operation of the Bill is to be dealt with, after the commencement, under clause 126 of the new Act.

Clause 37: Reference to Local Industrial Board

This clause provides that where a matter was referred to a Local Industrial Board for report under section 44 of the previous Act and report has not been made at the commencement, the Commission may either revoke the reference to the Local Industrial Board or accept the report under the terms of clause 130 of the new Act.

Clause 38: Inspection

This is a procedural clause concerning inspections.

Clause 39: Ballots relating to industrial action

Sub-clause (1) provides that applications for secret ballots made under section 45 of the previous Act, but not completed at the commencement are to be dealt with by the Commission under the relevant clause of the new Act.

Sub-clause (2) provides that ballots partially completed under the previous Act are to be completed under the relevant provisions of the previous Act by the Commission.

Sub-clause (3) describes the manner in which the provisions of the new Act are to be applied to such ballots.

Clause 40: Common rules

This clause continues in effect common rules made under the previous Act. Sub-clauses (2) and (3) describe the manner in which provisions of the new Act are to be applied to proceedings relating to common rules transferred to the new Commission by operation of the Bill.

Clause 41: Employers bound by awards

This clause provides that an employer, bound by an award made under the previous Act by virtue of being the successor, assignor, or transmittee of the business of a party bound by the award, remains bound by that award even though an employer in a similar position may not be bound by an award made under the new Act.

Clause 42: Disputes relating to boycotts

This clause modifies provisions of the previous Act which apply to uncompleted proceedings under Division 5A of Part III of the previous Act which will, after commencement, be completed by the Commission.

Clause 43: Port Conciliators

This clause continues the appointments of Port Conciliators made under section 85A of the previous Act, as if made under the new Act.

Clause 44: Joint Proceedings

The purpose of this clause is to allow joint proceedings commenced, but not completed, under section 22AA of the previous Act to continue under the relevant provisions of the new Act.

Clause 45: Registration of organisations

This clause provides for the determination by the Commission of applications for registration made under the previous Act. Applications made prior to 28 April 1988 are to be determined in accordance with the relevant provisions of the previous Act, as if that Act had not been repealed. Sub-clause (2) provides that applications under sub-clause (1) are to be dealt with by the designated Presidential Member. Applications for registration made subsequent to 28 April 1988 and prior to the commencement will be dealt with by a Presidential Member as though made under section 188 of the new Act (sub-clause (3)).

Clause 46: Certificates of registration

This clause gives the Industrial Registrar the same power to issue replacements of certificates of registration in relation to organisations registered under the previous Act as the Industrial Registrar has in relation to organisations registered under the new Act.

Clause 47: Secret postal ballot

By operation of this clause an exemption from the requirement to have elections conducted by postal ballot, granted to an organisation under the previous Act, is continued in force for a period of 3 months after the commencement. The organisation may apply for a grant of a similar exemption under the new Act.

Sub-clause (4) provides that there is no appeal from a decision of the Industrial Registrar made under this clause.

An organisation which did not have an exemption under the previous Act, and does not have rules which provide for elections by postal ballot must, under sub-clause (5), conduct elections by postal ballot, notwithstanding its rules, unless granted an exemption under the new Act.

Clause 48: Change of name or alteration of eligibility rules

Undetermined applications for change of name or alteration to industry or eligibility rules before a former Registrar are to be transferred by operation of this clause to a designated Presidential Member, who may deal with them under the new Act or refer them to a Registrar for completion under the new Act - see clause 16.

Clause 49: Alteration of rules other than eligibility rules

This clause provides that particulars of alterations to rules of organisations lodged for certification with a former Registrar, but not certified or otherwise dealt with at the commencement, are to be dealt with under sub-clause 205(1) of the new Act. This clause also deals with procedures to be followed for recording name changes or rule changes.

Clause 50: Period within which rules must be made consistent with Industrial Relations Act

This clause provides that, until the expiration of 12 months after the commencement, rules of organisations are not capable of challenge in the Court as contrary to the new Act, by reason only that they fail to make a provision required by the new Act, except where the Registrar has certified alterations to those rules made within that 12 months. Challenges may be made within that 12 month period to rules which fail to meet requirements of the new Act which are identical to requirements of the previous Act.

The purpose of this clause is to provide a moratorium period of up to 12 months from the commencement of the new Act for organisations to amend their rules to meet the new requirements.

Clause 51: Orders in relation to rules

The effect of this clause is that applications for orders, relating to contraventions of the previous Act by the rules of an organisation, made but not determined at the commencement, are to continue to be dealt with under the relevant provisions of the previous Act. Where before the commencement the Court had made a declaration in relation to the rules within the time specified in the provision, the new Industrial Registrar is empowered to determine alterations to rules and such determination is deemed to take effect under the new Act.

Clause 52: Order directing performance of rules

The purpose of this clause is to provide that applications for directions for the performance or observance of the rules of an organisation, made to the Court but not determined at the commencement, are to be dealt with under the new Act, as if made under Clause 209 of that Act as modified by sub-clause (2).

Clause 53: Elections under previous Act

This clause provides that elections for offices in organisations which are not completed at the commencement are to be completed under the provisions of the previous Act.

Clause 54: Elections after commencement

This clause provides that the requirements of the new Act that all elections for offices in organisations be officially conducted (subject to an exemption being granted) and that organisations notify the Industrial Registrar of forthcoming elections, do not apply for a period of 12 months after commencement, or until an application for exemption lodged within that 12 month period has been determined, whichever is the later.

Sub-clause (2) provides that during that period, requests may continue to be made under the provisions of the previous Act for elections to be officially conducted and such requests are to be dealt with by the Registrar.

Clause 55: Inquiries into elections

Under sub-clause (1) where an application for an inquiry into an election has been made but not refused or referred to the Court at the commencement, it shall be referred to the Court and dealt with as if it had been lodged under clause 218 of the new Act. Sub-clause (2) provides that inquiries into elections instituted before the commencement are to be dealt with as if made under section 218 of the new Act.

Clause 56: Prescribed offences

By operation of this clause, clause 227 of the new Act (which specifies those offences for which on conviction a person may be disqualified from holding office in an organisation) includes a number of offences against the previous Act.

Clause 57: Disqualifications from office

The effect of this clause is to provide that clause 228 of the new Act regarding disqualification from holding office in an organisation applies to a person convicted of a prescribed offence before the commencement of the new Act unless:

·
the person was granted leave to hold office by the Court under the previous Act;
·
the period of disqualification imposed by the Court has elapsed; or
·
a period of 5 years has elapsed since the person was convicted of the offence.

Clause 58: Amalgamations

Sub-clause (1) provides that an amalgamation which was started under the previous Act, which has not taken effect or has been rejected immediately before the commencement, is to continue to be dealt with under the provisions of the previous Act unless sub-clause (2) applies.

Sub-clause (2) provides that where none of the ballots in an amalgamation under the previous Act have started at the commencement, then the amalgamation is to continue as if it had begun under the provisions of the new Act, and all things done in relation to the amalgamation before the commencement are to be regarded as having been done under the new Act as modified by this sub-clause.

A ballot is taken to have started when a notice of the ballot is published in the Gazette (sub-clause (3)).

Sub-clause (4) allows any application for an amalgamation lodged under the previous Act to be withdrawn at any time before the amalgamation takes effect. This provision is included to enable organisations involved in amalgamations pending at the commencement to apply for amalgamation under the provisions of the new Act.

Clause 59: Validating provisions

This clause provides for applications under the validating provisions of the previous Act, made to the Court but not completed at the commencement, to be dealt with in accordance with Division 2 of Part II of the Bill, and under the provisions of the new Act.

Clause 60: Entitlement to membership of organisations

This clause provides for matters concerning the entitlement of persons to be, or to remain, members of an organisation which are before the Court at the commencement are to be dealt with in accordance with Division 2 of Part II of the Bill under the relevant provisions of the new Act.

Clause 61: Resignation from organisation before commencement

This clause provides that a resignation properly made under the previous Act before the commencement, which has not taken effect at the commencement, shall take effect on the day it would have taken effect under the previous Act.

Clause 62: Certificate of conscientious beliefs

By operation of this clause certificates of conscientious beliefs granted under the previous Act and in operation at the commencement, continue until expiration as if issued under sub-section 266(1) of the previous Act. Applications for such certificates made to a former Registrar and not granted or refused at the commencement are to be dealt with under the new Act (sub-clause (2)).

Clause 63: Records to be kept etc by organisations

By operation of this clause the register of members of an organisation required to be kept under the new Act includes the register of members required to be kept under the previous Act. Permission granted to an organisation to keep documents at a specified place if current to the commencement, is to be treated as permission granted under the new Act.

Clause 64: Accounts and audit

This clause provides that the provisions of Division 11 of Part IX of the new Act do not apply to any organisation until the first financial year which begins after the commencement. The provisions of Part VIIIAA of the previous Act continue to apply to the financial year current at the commencement.

Clause 65: Disputes referred to Local Industrial Boards

This clause applies clause 174 of the new Act to industrial disputes referred to Local Industrial Boards under section 44B of the previous Act and not finally dealt with at the commencement.

Clause 66: Cancellation of registration

Sub-clause (1) provides that applications made under section 143 of the previous Act for cancellation of registration of an organisation, lodged, but not finally dealt with at commencement, are to be completed in accordance with Division 2 of Part II of the Bill, under the provisions of the previous Act. By operation of paragraph (2)(b) and sub-clause (3) the consequences of a cancellation of registration which occurs under this clause will be determined by clauses 296 and 297 of the new Act.

Clause 67: Enforcement of awards

This clause provides that proceedings for enforcement of awards under section 119 of the previous Act which had not been completed at the commencement are to be completed under the provisions of the previous Act, in accordance with Division 2 of Part II of the Bill.

Clause 68: Enforcement of judgments

Sub-clause (1) provides that if, under section 121 of the previous Act, a Registrar has given a certificate to allow a judgment of the Court to be enforced, that judgment may be enforced after commencement as if the previous Act was still in existence.

Sub-clause (2) applies clause 356 of the new Act to the enforcement of an order or penalty that has not been enforced, in circumstances where no section 121 certificate has been given by the former Registrar.

Clause 69: Recovery of wages etc

This clause provides that a proceeding under section 123 of the previous Act is to be dealt with in accordance with Division 2 of Part II of the Bill, under the provisions of the previous Act.

Clause 70: Unclaimed moneys

Sub-clause (1) provides that clause 180 of the new Act applies where, at the commencement, money (wages, etc) is owing in respect of employment which ceased prior to the commencement, but in respect of which no application for recovery of that money has been made.

Sub-clause (2) makes arrangements for money held in trust by the Commonwealth under sub-section 124(2) of the previous Act.

Clause 71: Cancellation etc. of award

Sub-clause (1) provides that an application for cancellation of an award, not finally dealt with at the commencement, is to be completed by a Full Bench of the Commission in accordance with section 62 of the previous Act and the provisions of that section specified in sub-clause (2) apply to such applications.

Sub-clause (3) makes appropriate arrangements for the continuation by the new Commission of any proceeding under sub-clause (1).

By operation of sub-clause (4) a Full Bench determining an application under clause 187 of the new Act may exercise powers under that section if it appears that an organisation contravened the previous Act. This sub-clause is necessary as paragraph 187(2)(a) refers only to contraventions of the new Act.

Clause 72: Offences relating to members of organisations

This clause ensures that a person entitled to the benefits of an industrial agreement continued by operation of clause 77 has the same protection as provided to a person entitled to the benefit of an award.

Clause 73: Offences by organisations in relation to industrial action

This clause extends the protection afforded to persons under clause 334 of the new Act to persons who engaged in conduct specified in that clause before the commencement.

Clause 74: Bans clauses

This clause provides that sections 33 and 119 of the previous Act continue to apply to bans clauses inserted in awards under the previous Act, as if that Act had not been repealed.

Sub-clause (2) modifies the provisions of sections 33 and 119 of the previous Act to enable the Commission to deal with any proceedings under this clause.

Clause 75: Financial assistance

By operation of this clause the provisions of the previous Act relating to the granting of financial assistance continue to have effect in proceedings started, but not completed, before the commencement of the new Act.

Clause 76: Certificates etc. as to membership, members, rules etc of organisations

This clause deals with the status of certain certificates given under the previous Act.

Clause 77: Industrial agreements

Under this clause, agreements in force under Part X of the previous Act continue in effect in accordance with the provisions of Part X of the previous Act, as modified by sub-clause (2).

Clause 78: Regulations

The purpose of this clause is to provide for the making of regulations in respect of applications and proceedings under this Bill.

Division 6 - Miscellaneous

Clause 79: Australian Industrial Court remains in existence

The purpose of this clause is to continue the existence of the Australian Industrial Court under relevant provisions of the previous Act.

Clause 80: Certain Deputy Presidents may hold office until age 70 etc

Sub-clause (1) provides that those persons who were Deputy Presidents of the former Commission and entitled, by operation of section 60 of the Conciliation and Arbitration Act 1972 to hold office until age 70, and who are appointed to the position of Deputy President under the new Act may continue in that position until age 70.

Sub-clause (2) allows Presidential members of the former Commission who were entitled to have the same designation as a Judge of the Court, and who are appointed to the Commission, to elect to retain that designation.

Clause 81: Former Presidential Members entitled to pension

This is a procedural clause which provides that former Presidential Members not appointed to the Commission are not disadvantaged in respect of entitlements under the Judges' Pension's Act 1968. The clause applies only to a former presidential Member who meets all other requirements under the Judges' Pension's Act 1968, apart from having reached the age of 60 years and having retired.

Clause 82: Continuation of exemption from qualifications for membership of organisation

Under sub-section 132(5) of the previous Act, certain persons, not being employees, who were admitted to membership of organisations under eligibility rules that were valid under the previous Act prior to 1977 are permitted to continue their membership even though their eligibility for continuing membership was put in doubt as a result of amendments in 1977 to the previous Act.

The arrangements under subsection 132(5) were put in place by retrospectively operating amendments to the previous Act in 1983 and are continued in force by this Act. The provision will, like the relevant provisions of the previous Act, only operate in relation to a person for so long as the person has uninterrupted membership of the organisation concerned.

Clause 83: Powers of inspectors to institute proceedings

This clause empowers an inspector under the new Act to institute proceedings for an offence committed against the previous Act or for a breach of a term of an award which occurred before the commencement.

Clause 84: Commission to take possession of certain documents

Sub-clause (1) provides that, for purposes of the Freedom of Information Act 1982, the Commission has custody of all documents, as defined by that Act, that were immediately before commencement, under the control of the former Commission or the Flight Crew Officers Industrial Tribunal.

Documents in the possession of the Commission by virtue of sub-clause (1) which before the commencement would have been regarded for the purposes of the Freedom of Information Act 1982 as documents that related to matters of an administrative nature, are to continue to be so regarded for the purposes of that Act (sub-clause (2)).

Clause 85: Commission to take possession of Federal Police Arbitral Tribunal documents

This clause provides for the transfer to the Commission of all documents under the control of the Federal Police Arbitral Tribunal immediately before the commencement.

PART III - AMENDMENTS AND APPLICATION OF OTHER ACTS

Clause 86: Amendments of other Acts

This clause provides for the amendments to the Acts set out in Schedule 2.

Clause 87: Certain decisions under Australian Federal Police Act continue to be final decisions

This clause provides that, despite the repeal by operation of this Bill of section 57 of the Australian Federal Police Act 1979, the terms of that section continue to apply to things done by the former Commission and the Federal Police Arbitral Tribunal and determinations of the latter tribunal.

Clause 88: Coal Industry Act

This clause takes account of the repeal of the Conciliation and Arbitration Act 1904. To the extent that the Coal Industry Act 1946 refers to that Act and persons appointed and offices established under that Act, those references are to be taken to be references to the new Act and persons appointed and offices established under the new Act.

Clause 89: Pathology Services Advisory Committee

This clause provides that a person holding office as the Chairperson of the Pathology Services Advisory Committee immediately before the commencement may continue to hold that office for the term specified in the instrument of that person's appointment, regardless of whether that person holds an appointment as a Presidential Member of the new Commission. This clause is necessary as amendments made to the Health Insurance Act 1973 by the Bill require the Chairperson of that Committee to hold an appointment as a Presidential member of the Commission.

Clause 90: Pharmaceutical Benefits Remuneration Tribunal

The purpose of this clause is to allow a person who is a Chairperson of this Pharmaceutical Benefits Remuneration Tribunal immediately before the commencement, to remain in that position for the term specified in the instrument of appointment regardless of whether that person is appointed as a Presidential Member of the new Commission. This clause is necessary due to amendments made to the National Health Act 1953 by this Bill which require the Chairperson of the tribunal to be a Presidential Member of the Commission.

Clause 91: Reports of Academic Salaries Tribunal in relation Vice-Chancellors etc.

The Academic Salaries Tribunal is to be abolished by operation of the Bill and the previous jurisdiction of that Tribunal divided between the Remuneration Tribunal and the new Commission. This clause allows the Remuneration Tribunal to take into account any report made by the Academic Salaries Tribunal in relation to those offices which, after the commencement, will be within the jurisdiction of the Remuneration Tribunal.

Clause 92: Determinations of the Academic Salaries Tribunal in relation to certain academic staff

This clause continues in force determinations made by the Academic Salaries Tribunal in respect of academic staff at Commonwealth tertiary institutions, as if the determinations were awards made under the new Act.

Clause 93: Report by Academic Salaries Tribunal

This is a procedural clause.

Clause 94: Remuneration Tribunal to take possession of certain documents

This clause allows the Remuneration Tribunal to take possession of all documents under the control of the Academic Salaries Tribunal immediately before the commencement.

PART IV - COURT MAY RESOLVE DIFFICULTIES

Clause 95: Court may resolve difficulties

This clause gives the Court powers to make orders to resolve difficulties which might arise in the application of the provisions of this Bill or the application of the provisions of the new Act, by operation of this Bill, to a particular matter.


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