Employment Relations Act 2000

Miscellaneous provisions

237 Regulations

(1)

The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:

(a)

prescribing the forms for the purposes of this Act:

(b)

prescribing the duties of officers of the Authority, of the Registrar of the court, and of any other officers or persons acting in execution of this Act:

(c)

prescribing any act or thing necessary to supplement or render more effectual the provisions of this Act as to the conduct of proceedings before the Authority or the court:

(d)

prescribing the procedure in relation to the conduct of matters before the Authority or the court:

(e)

prescribing procedures in relation to the issue of summonses to witnesses and to the hearing of evidence on oath:

(f)

prescribing charges or fees in relation to—

(i)

services provided by the chief executive under this Act; or

(ii)

the functions of the Authority or the court:

(faa)

in relation to a service performed by a Registrar of the court under this Act and specified in regulations made under paragraph (fab), authorising a Registrar of the court to charge a reasonable fee calculated on the actual expense incurred in performing the service:

(fab)

specifying the services (other than services for which a fee is already prescribed under this Act) performed by a Registrar of the court under this Act for which that person may charge a fee:

(fac)

making provision in relation to the postponement, under the regulations, of the payment of any fee, which provision may (without limitation) include provision—

(i)

for the recovery of the fee after the expiry of the period of postponement; and

(ii)

for restrictions to apply (after the expiry of the period of postponement and so long as the fee remains unpaid) on the steps that may be taken in the proceedings in respect of which the fee is payable:

(fad)

providing for the manner in which an application for the exercise of a power specified in section 237B(1) or 237C(1) is to be made, including, without limitation, requiring the application to be in a form approved for the purpose by the chief executive:

(fae)

providing for the refund of fees paid for a review of a decision of a Registrar of the court, if the decision is overturned in its entirety by a Judge:

(fa)

prescribing regulatory agencies for the purposes of section 233B(6):

(fb)

prescribing infringement offences for the purposes of section 235A(b):

(fc)

prescribing infringement fees (not exceeding $1,000) for the purposes of section 235E(1)(b):

(g)

providing for such matters as are contemplated by or necessary for giving full effect to the provisions of this Act and for its due administration.

(2)

Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

Compare: 1991 No 22 s 146

Legislation Act 2019 requirements for secondary legislation made under this section
PublicationPCO must publish it on the legislation website and notify it in the GazetteLA19 s 69(1)(c)
PresentationThe Minister must present it to the House of RepresentativesLA19 s 114, Sch 1 cl 32(1)(a)
DisallowanceIt may be disallowed by the House of Representatives LA19 ss 115, 116
This note is not part of the Act.

Section 237(1)(faa): inserted, on 1 March 2017, by section 13 of the Employment Relations Amendment Act (No 2) 2016 (2016 No 62).

Section 237(1)(fab): inserted, on 1 March 2017, by section 13 of the Employment Relations Amendment Act (No 2) 2016 (2016 No 62).

Section 237(1)(fac): inserted, on 1 March 2017, by section 13 of the Employment Relations Amendment Act (No 2) 2016 (2016 No 62).

Section 237(1)(fad): inserted, on 1 March 2017, by section 13 of the Employment Relations Amendment Act (No 2) 2016 (2016 No 62).

Section 237(1)(fae): inserted, on 1 March 2017, by section 13 of the Employment Relations Amendment Act (No 2) 2016 (2016 No 62).

Section 237(1)(fa): inserted, on 1 April 2016, by section 37 of the Employment Relations Amendment Act 2016 (2016 No 9).

Section 237(1)(fb): inserted, on 1 April 2016, by section 37 of the Employment Relations Amendment Act 2016 (2016 No 9).

Section 237(1)(fc): inserted, on 1 April 2016, by section 37 of the Employment Relations Amendment Act 2016 (2016 No 9).

Section 237(2): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).