CONFIDENTIAL
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XCC(70)62
to amalgamation under section 27(3) respectively to be made to the Supreme Court. Clause 27 makes a consequential amendment to section 64(1) and also adds a new subsection (2) to provide for a further right of appeal to the Full Court from a decision of the Supreme Court.
Powers of Registrar to carry out responsibilities effectively
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The third group of amendments is intended to assist the Registrar of Trade Unions to carry out his responsibilities effectively. Registration does not in itself ensure that unions will be properly admin- istered, and it is known that registered rules are disregarded and the rights of members abused. Section 7 deals with the circumstances in which the Registrar may exercise his discretion to refuse to register a trade union. However, the section does not prevent a union, after its certificate has been lawfully cancelled, from applying for registration under a new name. Accordingly, clause 6 amends section 7 so as to enable the Registrar to refuse an application for registration in these circum- stances, though not solely on the ground that the members of the new union include members of the earlier de-registered union. Clause 7(a) amends section 8 so as to confer a right of appeal against a refusal of the Registrar to register a union, under the new powers conferred on him by clause 6.
10
Clause 10 enables the Registrar to serve a notice calling on a person who is ineligible to be an officer, candidate or member, to cease to hold office, seek election or remain a member. If, within 14 days, such a notice is not complied with, the Registrar may apply to the court for an order.
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Section 21(1) requires a trade union to notify the Registrar of every branch and of every business or charitable, cultural, educational, or medical undertaking operated by or in the name of the trade union. Clause 13 requires notice to be given in writing to the Registrar of these matters and of any changes of addresses of such branches, businesses, or undertakings.
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Clause 14(b), which adds a new subsection (8) to section 23, makes it an offence if a registered trade union, which has decided to change its name, does not apply to the Registrar for the registration of the change of name within 14 days after the decision was made.
13
Clause 18 amends section 36(1) to require a trade union, which seeks an extension of time within which to furnish its annual state- ment of accounts and returns, to apply in writing,
14
Clause 26 revises section 63 by providing that, for the purpose of giving notice of the cancellation of a registered trade union, the Registrar is deemed to have given proper and effective notice if it is published in the Gazette.
CONFIDENTIAL
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