(4) If either House of the Parliament passes a resolution of which notice has been given at any time within fifteen sitting days. after such rules have been laid before such House disallowing any rule, such rule shall thereupon cease to have effect. PART IV. THE ENFORCEMENT OF ORDERS AND AWARDS. 44. (1) Where any organization or person bound by an order or award has committed any breach or non-observance of any term of the order or award any penalties which the Court has power to impose may be imposed by any Court of summary jurisdiction constituted by a Police Stipendiary or Special Magistrate. (2) Any such penalty may be sued for and recovered by— (b) any organization which is affected, or whose members or observance; or (c) any member of any organization who is affected by the Imposition and recovery of penalties. penalties. 45. Where the Court, or any Court of summary jurisdiction, Application of imposes any penalty for any breach or non-observance of any term of an order or award, it may order that the penalty, or any part thereof, be paid into the Consolidated Revenue Fund, or to such organization or person as is specified in the order. 46. Where the Court has imposed a penalty for a breach or nonobservance of any term of an order or award, or has ordered the payment of any costs or expenses, a certificate under the hand of the Registrar, specifying the amount payable and the organizations and persons by and to whom respectively it is payable, may be filed in any Federal or State Court having civil jurisdiction to the extent of that amount, and shall thereupon be enforceable in all respects as a final judgment of that Court; Enforcement of imposed by the penalties Court. N.Z. 94 (5). Provided that where there are two or more creditors under any N.Z. 94 (6). such certificate, process may be issued separately by each creditor for the enforcement of the certificate as if there were separate and distinct judgments. 47.—(1) For the purpose of enforcing compliance with any order or award, process may be issued and executed against the property of any organization or in which any organization has a beneficial interest, whether vested in trustees or howsoever otherwise held, in the same manner as if the organization were an incorporated company and the absolute owner of the property or interest. (2) The property of an organization shall be deemed to include the property of any association forming, or forming part of, the organization, or in which any such association has a beneficial interest, whether vested in trustees or howsoever otherwise held. Process against property of N.Z. 94 (6). W.A. 88 (6). Power to make orders to observe award. N.S.W. 37 (4). W.A. 80. Enforcement of Disability upon contravention of Part II. or wilful (3) Where the property of an organization on execution is insufficient to satisfy fully any process for enforcing any order or award, the members of the organization shall, to the extent of the maximum penalties defined in paragraph (c) of section thirty-eight, be liable for the deficiency. 48. The Court may, on the application of any party to an award, make an order in the nature of a mandamus or injunction to compel compliance with the award or to restrain its breach under pain of fine or imprisonment, and no person to whom such order applies shall, after written notice of the order, be guilty of any contravention of the award by act or omission. In this section the term "award" includes "order." Penalty: One hundred pounds or Three months' imprisonment. 49. No person shall wilfully make default in compliance with any order or award. Penalty Twenty pounds. 50. Any person adjudged to be guilty of any contravention of Part II. of this Act or of wilful default in compliance with any award non-compliance shall, if the Court in its discretion so orders, in addition to any penalty imposed for the offence, be and continue subject to any or all of the following disabilities: with award. (a) He shall not be entitled to any rights privileges benefits or advantages under this Act, and this Act shall, so far as any such rights privileges benefits or advantages are concerned, cease to apply to him: (b) He shall cease to be a member or officer of any organization, or of any association which is, or is part of, any organization, and shall not be qualified to become a member or officer of any organization or of any such association : (c) He shall lose all existing or accruing rights to any payment out of the funds of any organization, or of any association which is, or is part of, any organization, and the receipt by him of any such payment, or the making of any such payment to him by any person or organization, or by any such association, shall be an offence under this Act. Penalty Twenty pounds. Provided that the Court may at any time in its discretion, if it appears that the contravention or wilful default has been sufficiently punished, and that the effective administration of this Act will not be prejudiced by the removal of the disabilities, order that the disabilities or any of them be removed. PART V.-ORGANIZATIONS. Registries and Registrars. 51. The Governor-General may Power to (a) establish a Principal Registry for the registration of Registries and organizations; (b) establish District Registries for the registration of organi zations; (c) appoint an Industrial Registrar and Deputy Industrial Registrars. appoint Registrars. Registries. 52.—(1) The Principal Registry shall, when the seat of Government Situation of is established within Federal territory, be situated at the seat of Government, but until that time the Principal Registry shall be situated at such place as the Minister directs. (2) Each District Registry shall be situated in the capital city of the State in which it is established. Registries. 53. The Principal Registry shall be under the charge of the Charge of Industrial Registrar, and each District Registry shall be under the charge of a Deputy Registrar. Duty of Industrial 54.—(1) The Industrial Registrar shall keep, at the Principal Registry, a register of all organizations registered under this Act Registrar. and a list of all proclaimed organizations. Deputy (2) Each Deputy Registrar shall keep, at the Registry under Duties of his charge, a register of all organizations registered under this Industrial Act at that Registry and a list of all proclaimed organizations existing Registrars. in the State. Registered Organizations.* 55. (1) Any of the following associations or persons may, on Registration of compliance with the prescribed conditions, be registered in the organizations. manner prescribed as an organization : (a) Any association of employers in or in connexion with any industry, who have in the aggregate, or any employer who has throughout the six months next preceding the application for registration, employed on an average taken per month not less than one hundred employees in that industry; and (b) Any association of not less than one hundred employees in or in connexion with any industry. (2) The conditions to be complied with by associations so applying for registration shall, until otherwise prescribed, be as out in Schedule B. set (3) Upon registration, the association shall become and be an organization. * Section 4 of the Commonwealth Conciliation and Arbitration Act 1911 is as follows:-"The registration, as an organization under the Principal Act, of any association purporting to be registered before the commencement of this Act shall be deemed to be as valid to all intents and purposes, and to have constituted the association an organization as effectually as if this Act had been in force at the date of the registration." Amended by Proviso omitted: Prescribed conditions of registration. Adoption of 56. Any association applying to be registered as an organization with prescribed may on application to the President obtain power to adopt and may rules to comply conditions. Certificate of registration. N.S.W. 4. N.Z. 6 (1). W.A. 6. Incorporation of W.A. 6 and 7. Power of organization to thereupon adopt any rules to enable it to comply with the prescribed conditions as part of its rules, and any rules adopted in pursuance of this section shall notwithstanding anything in the constitution or rule of the association be binding on the members of the association. 57. The Registrar shall issue to each organization registered under this Act a certificate of registration in the prescribed form, which certificate shall until proof of cancellation be conclusive evidence of the registration of the organization therein mentioned and that it has complied with the prescribed conditions to entitle it to be registered. 58. Every organization registered under this Act shall for the purposes of this Act have perpetual succession and a common seal, and may purchase take on lease hold sell lease mortgage exchange and otherwise own possess and deal with any real or personal property. 58A. An organization may, in the prescribed manner, and on change its name. compliance with the prescribed conditions, change its name, and the Registrar shall thereupon record the change of name in the register and upon the certificate of registration. Inserted by No. 6, 1911, s. 19. 59. The Registrar shall, unless in all the circumstances he thinks it undesirable so to do, refuse to register any association as an organization if an organization, to which the members of the association might conveniently belong, has already been registered. 60.-(1) If it appears to the Court, on the application of any organization or person interested or of the Registrar (a) that for any reasons the registration of an organization ought to be cancelled; or (b) that an organization has been registered erroneously or by mistake; or (c) that the rules of a registered organization have been altered so as to no longer comply with the prescribed conditions or have not bonâ fide been observed; or (d) that the rules of a registered organization or their administration do not provide reasonable facilities for the admission of new members or impose unreasonable conditions upon the continuance of their membership or are in any way tyrannical or oppressive; or (e) that the proper authority of a registered organization wilfully neglects to provide for the levying and collection of subscriptions, fees, or penalties, from members of the organization; or (f) that the accounts of a registered organization have not been audited in pursuance of the rules, or that the accounts of the organization or of the auditor do not disclose the true financial position of the organization; or (g) that a registered organization has wilfully neglected to obey any order of the Court; or (h) that the number of the members of the organization, or of their employees, as the case may be, would not entitle them to registration under section fifty-five, the Court shall order the registration of the organization to be cancelled, and thereupon it shall be cancelled accordingly. (4) The cancellation shall not relieve the organization or any member thereof from the obligation to comply with any award, or from any penalty or liability incurred prior to the cancellation. 61. During the pendency of any dispute or matter before the Court no resignation of or discharge from the membership of any such organization shall have effect. Proclaimed Organizations. Sub-sections (2) No resignations, while dispute &c., of members N.Z. 20 (1). Act to proclaimed organizations. Amended by No. 6, 1911, s. 21. 62. The Governor-General may, on the recommendation of the Application of President, by proclamation declare this Act to apply to any association, whether registrable under this Act or not, and thereupon the association shall be deemed to be and shall become an organization for such of the purposes of this Act as are directed by the proclamation or as are prescribed. 63.—(1) The power of adopting rules conferred by section fifty-six Adoption of shall apply to any proclaimed organization. rules by proclaimed organization. (2) In default of the adoption of rules by a proclaimed organiza- Default in tion within a prescribed time, any rules prescribed or directed by the adoption of Court shall be applied to the organization. rules. 64. The Governor-General on the recommendation of the President Revocation of proclamation. may, by proclamation, revoke any proclamation issued pursuant to section sixty-two, and thereupon this Act shall, subject to such conditions, if any, as are fixed by the proclamation, cease to apply to the association specified in the revoked proclamation. Organizations Generally. 65. Every organization shall be entitled- (a) to submit to the Court any industrial dispute in which it is interested; (b) to be represented before the Court in the hearing and determination of any industrial dispute in which it is interested. Privileges of organizations. |