INDUSTRIAL RELATIONS ACT 1988 No. 86 of 1988 - SECT 280 Reports etc. to be lodged in Industrial Registry

INDUSTRIAL RELATIONS ACT 1988 No. 86 of 1988 - SECT 280

280. (1) An organisation shall, within 14 days (or such longer period as a
Registrar allows) after the relevant meeting referred to in subsection 279 (6)
or (7) (whichever is applicable), lodge in the Industrial Registry:

   (a)  copies of the report, accounts and statements presented to the
        meeting; and

   (b)  a certificate by the secretary, or other prescribed officer, of the
        organisation that the documents lodged are copies of the documents
        presented to the meeting.

(2) Subject to subsection (3), a Registrar shall:

   (a)  where the documents lodged in the Industrial Registry under subsection
        (1) include a report of an auditor setting out particulars of a
        deficiency, failure or shortcoming in relation to a matter referred to
        in subsection 276 (4) - investigate the deficiency, failure or
        shortcoming; and

   (b)  where for any other reason the Registrar considers that a matter
        revealed in the documents should be investigated - investigate the
        matter.

(3) The Registrar is not required to investigate the deficiency, failure or
shortcoming if:

   (a)  it consists solely of the fact that the organisation concerned has
        kept accounting records for its membership subscriptions separately on
        a cash basis as provided in subsection 272 (3); or

   (b)  after consultation with the organisation concerned and the auditor,
        the Registrar is satisfied that the deficiency, failure or shortcoming
        is trivial or will be remedied in the following financial year.

(4) Where, having regard to matters that have been brought to notice in the
course of, or because of, an investigation under subsection (2), a Registrar
forms the opinion that there are grounds for investigating the finances or the
financial administration of the organisation concerned, the Registrar may make
the further investigation.

(5) Where documents have been lodged in the Industrial Registry under
subsection (1), at least the relevant number of members of the organisation
concerned may request the Registrar to investigate the finances and the
financial administration of the organisation.

(6) On receipt of a request under subsection (5), a Registrar shall
investigate the finances and the financial administration of the organisation
concerned.

(7) For the purpose of making an investigation under subsection (2), (4) or
(6), a Registrar may, by written notice, require an officer or employee of the
organisation concerned:

   (a)  to provide the Registrar with specified information relevant to the
        investigation; or

   (b)  to attend before the Registrar, so that the Registrar may put to the
        officer or employee questions relating to matters relevant to the
        investigation and to produce to the Registrar all records and other
        documents in the custody, or under the control, of the officer or
        employee relating to the matters.

(8) If, at the conclusion of an investigation under subsection (2), (4) or
(6), a Registrar is satisfied that the organisation concerned has contravened:

   (a)  subsection (1) or any other provision of this Act or a provision of
        the regulations; or

   (b)  a rule of the organisation relating to the finances or financial
        administration of the organisation; the Registrar shall notify the
        organisation accordingly, and shall include in the notification a
        request that the organisation take specified action, within a
        specified period, to rectify the matter.

(9) Where a Registrar has given a notification to an organisation under
subsection (8), the Registrar shall not take proceedings under this Act
against the organisation in relation to a matter the subject of the
notification unless the organisation has refused or failed to comply with the
request made in the notification.

(10) In this section:

"relevant number", in relation to an organisation, means:

   (a)  if the organisation has more than 5,000 members - 250; or

   (b)  in any other case - 5% of the number of members of the organisation.