New South Wales Consolidated Acts

INDUSTRIAL RELATIONS ACT 1996 - SECT 263

263 Copies of report and audited accounts to be provided to members and presented to meetings

(1) A State organisation must provide free of charge to its members:

(a) a copy of the report of the auditor in relation to the inspection and audit of the accounting records kept by the organisation in relation to a financial year, and

(b) a copy of the accounts and other statements to which the report relates.

(2) If, under the rules of the organisation, the committee of management of the organisation resolves to provide to the members of the organisation a summary of the report, accounts and statements, the organisation may comply with subsection (1) by providing free of charge to its members a copy of the summary if:

(a) the organisation lodges a copy of the summary with the Industrial Registrar, and

(b) the auditor certifies that the summary is, in the auditor’s opinion, a fair and accurate summary of the report, accounts and statements, and

(c) the summary contains a statement to the effect that the organisation will provide a copy of the report, accounts and statements free of charge to any member who requests it, and

(d) where particulars of a deficiency, failure or shortcoming in relation to a matter are set out in the report-the summary contains the particulars.

(3) The copies referred to in subsection (1), or the summary referred to in subsection (2), must be provided within 56 days after the making by the organisation of the report concerned.

(4) A State organisation that publishes a journal of the organisation that is available to the members of the organisation free of charge, may comply with subsection (1):

(a) by publishing in the journal the report, accounts and other statements referred to in that subsection, or

(b) by preparing a summary as described in subsection (2), complying with the requirements of that subsection in relation to the summary and publishing the summary in the journal,

and by posting a copy of the journal to each member of the organisation.

(5) In addition to other rights conferred on a member of a State organisation by this Division, a member is entitled to inspect the accounting records of the organisation at its registered office during business hours.

(6) A State organisation must not fail to comply with this section.

Maximum penalty: 50 penalty units.