Trade Unions.

Criminal Provisions.

3. THE purposes of any registered trade union shall not, by reason merely that they are in restraint of trade, be deemed to be unlawful so as to render any member of such trade union liable to criminal prosecution for conspiracy or otherwise.

Trade union not

4. THE purposes of any registered trade union shall not, by reason merely that they are in restraint of trade, be unlawful so as unlawful. to render void or voidable any agreement or trust.

5. (1.) NOTHING herein shall enable any Court to entertain any legal proceeding instituted with the object of directly enforcing or recovering damages for the breach of any of the following agreements, namely:

(a.) Any agreement between members of a trade union as
such concerning the conditions on which any members
for the time being of such trade union shall or shall not
sell their goods, transact business, employ, or be
employed :

(b.) Any agreement for the payment by any person of any
subscription or penalty to a trade union:

(c.) Any agreement for the application of the funds of a trade

union

(1.) To provide benefits to members; or

(2.) To furnish contributions to any employer or
workman, not a member of such trade union, in
consideration of such employer or workman
acting in conformity with the rules or resolutions
of such trade union; or

(3.) To discharge any fine imposed upon any person
by sentence of a Court of Justice:

(d.) Any agreement made between one trade union and
another; or

(e.) Any bond to secure the performance of any of the above-
mentioned agreements.

(2.) Nothing in this section shall be deemed to constitute any

of the above-mentioned agreements unlawful.

6. EXCEPT as hereinafter provided, the following Acts, that

is to say,

(1.) The Life Assurance Companies Act, 1889,

(2.) The Companies Act, 1893,

(3.) The Friendly Societies Act, 1894,

Imp. Act, 34 and 35
Vict., c. 31, s. 3.

Trade union con

tracts, when not
enforceable.

Imp. Act, 34 and 35
Vict., c. 31, s. 4.

Certain Acts not to apply to trade unions.

Imp. Act, 34 and 35 Vict., c. 31, s. 5, and 39 and 40 Vict., c. 22, s. 7.

(4.)

Trade Unions.

(4.) Any Act now or hereafter passed regulating Industrial and Provident Societies,

(5.) The Associations Incorporation Act, 1895,

and any Acts amending the same respectively, shall not apply to any trade union, and the registration of any trade union under any of the said Acts shall be void.

7. A TRADE union which insures or pays money on the death of Trade unions to be a child under ten years of age shall be deemed to be within the 34 of the Friendly provisions of section thirty-four of the Friendly Societies Act, 1894.

subject to Section

Societies Act, 1894.

Imp. Act, 39 and 40
Vict., c. 22, s. 2.

Registry of trade unions.

Registered Trade Unions.

8. (1.) ANY seven or more members of a trade union may, by subscribing their names to the rules of the union, and complying with Imp. Act, 34 and 35 this Act with respect to registry, apply to the Registrar in the prescribed manner to register such union.

Vict., c. 31, s. 6.

Land for trade

unions may be purchased or leased.

(2.) Any Council or other body, however designated, representing not less than two registered Trade Unions may be registered as a Trade Union under this Act.

(3.) If any one of the purposes of a trade union be unlawful, the registration shall be void.

9.

A REGISTERED trade union may purchase or take upon lease any land, and may sell, exchange, mortgage, or let the same. No purchaser, assignee, mortgagee, or tenant shall be bound to Imp. Act, 34 and 35 inquire whether the trustees have authority for any such dealing, and the receipt of the trustees shall be a discharge for the money arising therefrom. For the purposes of this section, every branch

Vict., c. 31, s. 7.

Property of trade unions vested in trustees.

of a trade union shall be considered a distinct union.

10. (1.) ALL property whatsoever belonging to a registered trade union shall be vested in and be under the control of the trustees, for the use and benefit of such trade union. The property of any Imp. Act, 34 and 35 branch of a trade union shall be vested in and be under the control of the trustees of such branch, or if the rules of the trade union so provide it shall be vested in and under the control of the trustees of the trade union.

Vict., c. 31, s. 8.

(2.) Upon the death, resignation, or removal of any trustee, the property shall vest in the continuing or succeeding trustees subject to the same trusts, without any conveyance or assignment.

(3.) In all actions, informations, complaints, or other legal proceedings whatsoever, touching or concerning any such property, it shall be stated to be the property of the trustees for the time being of such trade union, without any further description.

(11.)

Trade Unions.

11. (1.) WHEN any person in whose name any property Provision in case of belonging to a registered union or branch is standing, either jointly absence, or solely,

(a.) Is absent from the State; or

(b.) Becomes bankrupt, or executes any deed for liquidation
of his affairs by assignment or arrangement, or for
composition with his creditors; or

(c.) Becomes a lunatic; or

(d) Is dead, or has been removed from his office; or

(e.) If it be unknown whether such person is living or

dead,

the Registrar, on application in the prescribed form, may direct the transfer of such property into the names of any other persons as trustees for the union or branch.

(2.) Such transfer shall be made by the surviving or continuing trustee or trustees, or the Registrar may direct that, where such property

(a.) Is standing in the books of the Colonial Treasurer,
or is in his control, such transfer be made by the
Colonial Treasurer;

(b.) Is standing in the books or in the control of any
bank or banking corporation or other corporation
or body, such transfer be made by some officer of
such bank or banking corporation or other
corporation or body to be named in the order;

(c.) Is standing in the books or is in the hands or
control of any other person or persons, such transfer
be made by such person or persons.

(3.) The Colonial Treasurer, and every such bank and banking corporation, and all corporations, companies, and persons and their officers and servants respectively, are hereby indemnified for anything done by him or them or any of his or their officers or servants in pursuance of the provisions of this section, against any claim or demand of any person injuriously affected thereby.

etc.,

of

trustee.
Imp. Act, 39 and 40
Vict., c. 22, s. 24.

12. (1.) THE trustees of any registered trade union, or any Actions by or other officer of such trade union who may be authorised so to against trustees. do by the rules thereof, are hereby empowered to bring or defend, or Imp. Act, 34 and 35 cause to be brought or defended, any action, suit, prosecution, or Vict., c. 31, s. 9. complaint, in any Court, touching or concerning the property, right, or claim to property of the trade union.

(2.) In all cases touching or concerning the property, right, or claim to property of a trade union, the trustees shall and may appear and sue and be sued and proceeded against in any Court, in

their

Trade Unions.

Limitation of responsibility of trustees.

their proper names, without other description than the title of their office.

(3). No such action, suit, prosecution, or complaint shall be discontinued, or shall abate by the death, resignation, or removal from office of any trustree or other person, but shall be proceeded in by their successor or successors as if such death. resignation, or removal had not taken place; and such successor or successors shall pay or receive the like costs as if the action, suit, prosecution, or complaint had been commenced in their names for the benefit of or to be reimbursed from the funds of such trade union.

(4.) Any suit, complaint, summons, or other proceeding for service on such trustees or other officer may be served by leaving the same at the registered office of the union.

13. A TRUSTEE of a registered trade union shall not be liable to make good any deficiency which may arise or happen in the funds of such trade union, but shall be liable only for Imp. Act, 34 and 35 the moneys which shall be actually received by him on account of such trade union.

Vict., c. 31. s. 10.

14. (1.) EVERY treasurer of a registered trade union at such times as provided by the rules of such trade union, or upon being required so to do, shall render to the trustees of the trade union, or to the members of such trade union, at a meeting of the members thereof, a just and true account of all moneys received and paid by him since he last rendered the like account, and of the balance then remaining in his hands, and of all the property of such trade union; which account the said trustees shall cause to be audited by some fit and proper person or persons by them to be appointed, or to be appointed by the members of such union.

(2.) Such treasurer, if thereunto required, shall forthwith hand over to the said trustees the balance which on such account appears to be due from him, and shall also, if required, hand over to such trustees all property of the union in his hands or custody.

If he fail to do so, the trustees may sue him in any competent Court for the balance appearing to have been due from him upon such account, and for all the moneys since received by him on account of the said trade union, and for the property in his hands or custody, leaving him to set off in such action the sums, if any, which he may have since paid on account of the said trade union; and in such action the said trustees shall be entitled to recover their full costs of suit, to be taxed as between solicitor and client.

15. (1.) IF any person

(a.) By false representation, obtain possession of any property of such trade union; or

(b.)

Trade Unions.

(b.) Having any such property in his possession, wilfully
withhold or fraudulently misapply the same; or

(c.) Wilfully apply any part of such property to purposes
other than those expressed or directed in the rules
of such trade union, or any part thereof he shall,
upon a complaint made by any person on behalf of
such trade union, or by the Registrar, be liable,
on summary conviction, to a penalty not exceeding
Fifty pounds and costs, and to be ordered to deliver
up all such property, or to repay all moneys applied
improperly, or damage occasioned, and in default of
such delivery or repayment, or of the payment of
such penalty and costs aforesaid, to be imprisoned,
with or without hard labour, for any time not
exceeding six months.

(2.) Nothing herein contained prevents any such person from being proceeded against as for an indictable offence, if not previously convicted of the same offence.

Registry of Trade Unions.

16. THE Registrar shall make an annual report to the Minister with respect to the matters transacted by him in pursuance of this Act, and the Minister shall cause copies of such report to be forthwith laid before Parliament.

17. WITH respect to the registry under this Act of a trade union, and of the rules thereof, the following provisions shall have Regulations for

effect:

(1.) An application to register the trade union and two printed
copies of the rules, together with a list of the titles and
names of the officers, shall be sent to the Registrar.
(2.) The Registrar, upon being satisfied that the trade union
has complied with the regulations respecting registry in
force under this Act, shall register such trade union and
such rules: Provided that the Registrar shall not register
any trade union any of the rules or purposes whereof
are in any respect illegal or contrary to public policy.
(3.) No trade union shall be registered under a name identical
with that under which any other existing trade union
has been registered, or so nearly resembling such name
as to be likely, in the opinion of the Registrar, to deceive
the members or the public.

(4.) Where a trade union applying to be registered has been
in operation for more than a year before the date of such
application, there shall be delivered to the Registrar

before

registry.
Imp. Act, 34 and 35
Vict., c. 31, s. 13.