Document ID: chunk:federal_register_of_legislation:C2004C01296:clause:2_174a
Version: federal_register_of_legislation:C2004C01296
Segment Type: clause
Provision Reference: sch 2 cl 174A
Character Range: 79081–81824

174A  Reference of demarcation dispute to State authority for determination

 (1) The President may refer a demarcation dispute to a State authority to be investigated and dealt with under this Act:
 (a) by conciliation; or
 (b) by arbitration; or
 (c) by conciliation and, if necessary, by arbitration.

 (2) The President may revoke the reference at any time before a determination is made by the State authority in settlement of the demarcation dispute.

 (3) In relation to the exercise of powers under subsection (1) or (2), the President may direct a member of the Commission to provide a report in relation to a specified matter.

 (4) After making such investigation (if any) as is necessary, the member must provide the report to the President.

 (5) For the purposes of investigating and dealing with the demarcation dispute, the State authority may exercise any powers of the Commission under this Act or the Registration and Accountability of Organisations Schedule that are exercisable by a Commissioner.

 (6) A determination made by the State authority in settlement of the demarcation dispute:
 (a) is taken for the purposes of this Act (other than section 109) and the Registration and Accountability of Organisations Schedule to be an order made under the Registration and Accountability of Organisations Schedule by a member of the Commission, but section 45A of this Act applies in relation to the determination as if paragraph 45A(7)(c) were omitted; and
 (b) is taken, for the purposes of sections 152 and 153 of this Act, not to be an order, award, decision or determination of a State industrial authority.

 (7) Section 149 applies in relation to a determination made by the State authority in settlement of the demarcation dispute as if a reference to the Commission were a reference to the State authority.

 (8) Sections 299, 302, 303, 354 and 355 of this Act and sections 355 and 356 of the Registration and Accountability of Organisations Schedule apply in relation to the exercise of powers under this section by the State authority as if a reference to:
 (a) a member of the Commission; or
 (b) the Commission;
were a reference to the State authority, and as if the State authority exercised those powers as a member of the Commission.

 (9) In exercising powers under this section, the State authority has the same protection and immunity as a member of the Commission has under section 41 in performing functions as a member of the Commission.

 (10) In this section:

State authority means:
 (a) a member of a State industrial authority nominated by the head of the State industrial authority; or
 (b) if another office is prescribed in relation to the State industrial authority—the holder of the office.