Australian Institute of Marine and Power Engineers’ Union of Employees, Queensland District v Islands Transport Services (Australia) Pty Ltd and Alan Bax [2000] ICQ 29 (2000) 164 QGIG 334

334 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 4 August, 2000 INDUSTRIAL COURT OF QUEENSLAND Industrial Organisations Act 1997 – s. 245 – application about prohibited conduct Australian Institute of Marine and Power Engineers’ Union of Employees, Queensland District AND Islands Transport Services (Australia) Pty Ltd and Alan Bax (No. C28 of 2000) PRESIDENT HALL 20 July 2000 DECISION At the directions hearing on 30 June 2000 Counsel for the respondent submitted that the application was out of time. Reliance was placed upon s. 52 of the Justices Act 1886 which was said to be made applicable by s. 44(4) of the Acts Interpretation Act 1954. In my view s. 44(4) of the Acts Interpretation Act 1954 is applicable only where legislation provides for the imposition of a penalty “without providing how the penalty is to be recovered or the order made”. Division 5 of Part 14 of the Industrial Organisations Act 1997 makes the most elaborate provision for the making of orders and for the recovery of penalties. There is no room for the operation of s. 44(4). That conclusion is fatal to the respondent. Section 52 of the Justices Act 1886 applies only in the case of “a simple offence or breach of duty”. A simple offence is not alleged. By s. 4 “breach of duty” means any act or omission (not being a simple offence or a non-payment of a mere debt) on complaint at which a Magistrates Court may make an order on any person for the payment of money or for doing or refraining from doing any other act. The Magistrates Court has no jurisdiction to make orders in respect of matters arising under Chapter 14 of the Industrial Organisations Act 1997. I reject the submission that the application is out of time. I reserve the question of costs. Dated this twentieth day of July, 2000. D.R. HALL, President. Released: 20 July 2000 Appearances:– Mr J. Murdoch instructed by Dillons Lawyers on behalf of Islands Transport Services (Australia) Pty Ltd and Alan Bax. Mr R. Reed instructed by Carne and Herd on behalf of the applicant. -- 1 of 1 --