Queensland Bills Queensland Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
INDUSTRIAL
ORGANISATIONS BILL 1996
Queensland
INDUSTRIAL ORGANISATIONS BILL
1996
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
3 Objects of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
4 Definitions--the dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
5 Act does not bind State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
PART 2--REGISTRATION
6 Definitions for pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
7 Applying for registration--general . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
8 Applying for registration--employer associations . . . . . . . . . . . . . . . . . . . . . 18
9 Applying for registration--employee associations . . . . . . . . . . . . . . . . . . . . 20
10 Registration criteria--employer associations . . . . . . . . . . . . . . . . . . . . . . . . 21
11 Registration criteria--employee associations other than
enterprise associations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
12 Registration criteria--enterprise associations . . . . . . . . . . . . . . . . . . . . . . . . 23
13 Approving and registering rules--Cwlth s 205 . . . . . . . . . . . . . . . . . . . . . . . 25
14 Continued registration of small organisations . . . . . . . . . . . . . . . . . . . . . . . . 25
15 Registering several organisations for the same calling . . . . . . . . . . . . . . . . 26
16 Change of callings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
17 Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
18 Organisations corporate bodies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
19 Registered name of organisation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
20 Registered office of organisation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
2
Industrial Organisations
PART 3--ORGANISATIONS' RULES
Division 1--General
21 Requirement for rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
22 General requirements for rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
23 Content of rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
24 Rules to give conditions for loans, grants and donations . . . . . . . . . . . . . . . 32
Division 2--Election rules
Subdivision 1--General
25 Rules for elections and ballots . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
26 Rules for elections by secret postal ballot . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
27 Rules about office terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
28 Rules may allow filling casual vacancies . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
Subdivision 2--Model election rules
29 Minister may make model election rules . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
30 Organisations may adopt model election rules . . . . . . . . . . . . . . . . . . . . . . . 38
31 Adoption of entire model election rules without change . . . . . . . . . . . . . . . 38
32 Adoption of model election rules with change . . . . . . . . . . . . . . . . . . . . . . . 38
Division 3--Exemption from elections for organisations with
counterpart federal bodies
33 What is a counterpart federal body . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
34 Exemption if federal election held . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
35 Change in federal election result . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Division 4--Changing name or eligibility rules
36 Application of div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
37 Commission's consent needed for change or amendment . . . . . . . . . . . . . . 41
38 New name must be different from other organisations . . . . . . . . . . . . . . . . . 43
39 When name change or rule amendment takes effect . . . . . . . . . . . . . . . . . . 43
Division 5--Amending rules
40 Approval of rule amendments--Cwlth s 205 . . . . . . . . . . . . . . . . . . . . . . . . . 43
41 Registrar may amend rules--Cwlth s 203 . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
42 Commission may amend rules if undertaking breached--Cwlth s 203A . . 44
43 Some amendments to be recorded . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
3
Industrial Organisations
PART 4--VALIDITY AND COMPLIANCE WITH RULES
44 Rules contravening s 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
45 Directions to perform rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
46 Financial help for application under this part . . . . . . . . . . . . . . . . . . . . . . . . 48
PART 5--CONDUCTING ELECTIONS
47 Electoral commission to conduct elections . . . . . . . . . . . . . . . . . . . . . . . . . . 49
48 Application for exemption from s 47 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
49 Objections to application for exemption . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
50 Commission may give exemption from s 47 . . . . . . . . . . . . . . . . . . . . . . . . . 50
51 Duties of organisation or branch if exemption given . . . . . . . . . . . . . . . . . . 51
52 Election result report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
53 Registrar to arrange for elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
54 Electoral commission's conduct of elections . . . . . . . . . . . . . . . . . . . . . . . . 53
55 Election expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
56 Death of candidate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
57 Ballot records must be preserved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
58 Election help . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
59 Resources of organisations not to be used for election purposes . . . . . . . . . 55
PART 6--DISPUTED ELECTIONS
Division 1--Election inquiries
60 Application for election inquiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
61 Action by registrar for inquiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
62 Court to conduct inquiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
63 Court may make interim orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
64 Procedure at inquiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
65 Functions and powers of court at inquiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
66 Enforcing orders under this part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
67 Preventing orders about disputed elections . . . . . . . . . . . . . . . . . . . . . . . . . . 61
68 Validating certain acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
69 Election not invalid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
70 Inquiry costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
4
Industrial Organisations
Division 2--Registrar may conduct elections
71 Application of pt 6, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
72 Registrar to conduct elections on request . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
73 Election on registrar's initiative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
Division 3--Election expenses
74 Expenses for elections under this part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
PART 7--DISQUALIFICATION FROM HOLDING OFFICE IN
ORGANISATIONS
75 Definitions for pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
76 Eligibility for office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
77 Application for leave to hold office by prospective candidate for office . . 69
78 Application for leave to hold office in organisation by office holder . . . . . 70
79 Court's obligation and powers for declarations . . . . . . . . . . . . . . . . . . . . . . . 70
80 Court's obligations for applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
PART 8--MEMBERSHIP OF ORGANISATIONS
81 Entitlement to membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
82 Members and officers registers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
83 Filing registers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
84 Exemption from filing members register etc. . . . . . . . . . . . . . . . . . . . . . . . . . 74
85 Rectification of registers by commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
86 Registrar's access to registers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
87 Organisations to keep union ticket butts . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
88 Resigning organisation membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
89 Resignation if subscription unpaid for 1 year and no renewal . . . . . . . . . . . 78
90 Conscientious objection to organisation membership . . . . . . . . . . . . . . . . . . 78
91 Conduct about exemption certificate holders . . . . . . . . . . . . . . . . . . . . . . . . 80
92 Evidentiary provision for s 91 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
93 Court may decide membership disputes . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
94 Offences about membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
95 Members under 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
PART 9--AMALGAMATING INDUSTRIAL ORGANISATIONS
Division 1--Preliminary
96 Definitions for pt 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
5
Industrial Organisations
97 Proposed amalgamation procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
98 Federations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
99 Using resources for proposed amalgamation . . . . . . . . . . . . . . . . . . . . . . . . . 89
Division 2--Starting amalgamation procedure
100 Amalgamation scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
101 Alternative schemes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
102 Management committee approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
103 Community of interest declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
104 Application to submit proposal to a ballot . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
105 Holding office after amalgamation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
106 Application for exemption from holding ballot . . . . . . . . . . . . . . . . . . . . . . . 94
107 Application for alternative ballot . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
Division 3--Conduct of ballots
108 Electoral commission to conduct ballot . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
109 Application for exemption from s 108 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
110 Objections to application for exemption . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
111 Commission may give exemption from s 108 . . . . . . . . . . . . . . . . . . . . . . . . 96
112 Duties of organisation if exemption given . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
113 Ballot result report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
114 Notice to electoral commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
115 Providing information and documents to electoral officers . . . . . . . . . . . . . 98
116 Ballot expenses under pt 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
117 Ballot records to be kept . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
Division 4--Amalgamation approval procedure
118 Amalgamation hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
119 Submissions at amalgamation hearings . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
120 Ballot approval not extending eligibility rules etc. . . . . . . . . . . . . . . . . . . . 102
121 Objections about amalgamation involving extending eligibility
rules etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
122 Ballot approval if ballot extends eligibility rules etc. . . . . . . . . . . . . . . . . 104
123 Fixing ballot period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
124 Roll of voters for ballot . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
125 Filing `yes' case . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
6
Industrial Organisations
126 `No' cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
127 Commission statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
128 `Yes' or no' cases may include things other than words . . . . . . . . . . . . . . . 109
129 Amending `yes' or `no' cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
130 `Yes' and no' cases to be sent to voters . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
131 Amending schemes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
132 Scheme outlines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111
133 Ballot exemption--number of members . . . . . . . . . . . . . . . . . . . . . . . . . . . 111
134 Ballot exemption--recognising federal ballot . . . . . . . . . . . . . . . . . . . . . . . 112
135 Alternative ballot approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
136 Members' secret postal ballot . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
137 Members' decision on amalgamation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115
138 Further ballot if amalgamation not approved . . . . . . . . . . . . . . . . . . . . . . . 115
139 Irregularity inquiries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
140 Amalgamation approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
Division 5--Amalgamation taking effect
141 Fixing amalgamation day . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
142 Action on amalgamation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
143 Vesting of property and liabilities in amalgamated organisation . . . . . . . 118
144 Effect of amalgamation on commission decisions . . . . . . . . . . . . . . . . . . . 118
145 Instruments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
146 Pending proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
147 Division applies despite laws or instruments . . . . . . . . . . . . . . . . . . . . . . . . 119
148 Amalgamated organisation to carry out amalgamation . . . . . . . . . . . . . . . 120
149 Certificates about land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
150 Certificates about charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
151 Certificates about company interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
152 Certificates about other property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
153 Commission may resolve difficulties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
Division 6--Validation
154 Application of division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
155 Validating acts in good faith . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
7
Industrial Organisations
156 Validation after 4 years . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125
157 Order that s 155 or 156 does not apply . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125
158 Orders about invalidities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
PART 10--WITHDRAWAL FROM AMALGAMATIONS
Division 1--General
159 Object of pt 10--Cwlth s 253ZH . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127
160 Definitions for pt 10--Cwlth s 253ZI . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127
Division 2--Ballots for withdrawal from amalgamated organisations
161 Applications to the commission for ballots--Cwlth s 253ZJ . . . . . . . . . . . 128
162 Ballot exemption--recognising federal ballot . . . . . . . . . . . . . . . . . . . . . . . 129
163 Notice to electoral commission--Cwlth s 253ZK . . . . . . . . . . . . . . . . . . . . 130
164 Orders for ballots--Cwlth s 253ZL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131
165 Conducting ballot--Cwlth s 253ZM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131
166 Application for exemption from s 165 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131
167 Objections to application for exemption . . . . . . . . . . . . . . . . . . . . . . . . . . . 132
168 Commission may give exemption from s 165 . . . . . . . . . . . . . . . . . . . . . . . 132
169 Duties of constituent part if exemption given . . . . . . . . . . . . . . . . . . . . . . . 133
170 Ballot result report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134
171 Providing information and documents to electoral
officers--Cwlth s 253ZN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134
172 Ballot records must be preserved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135
173 Irregularity inquiries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136
Division 3--Giving effect to ballots
174 Deciding the day of withdrawal--Cwlth s 253ZP . . . . . . . . . . . . . . . . . . . . 137
175 Registration of constituent part--Cwlth s 253ZQ . . . . . . . . . . . . . . . . . . . . 137
176 Members of amalgamated organisation may join registered
organisation--Cwlth s 253ZR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138
177 Orders of the commission, awards etc.--Cwlth s 253ZS . . . . . . . . . . . . . . 138
178 Withdrawal regulations--Cwlth s 253ZT . . . . . . . . . . . . . . . . . . . . . . . . . . . 139
179 Division applies despite laws and agreements prohibiting transfer
etc.--Cwlth s 253ZU . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139
Division 4--Validation
180 Application of division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140
8
Industrial Organisations
181 Validating acts in good faith . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141
182 Validation after 4 years . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141
183 Order that s 181 or 182 does not apply . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142
184 Orders about invalidities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142
Division 5--Miscellaneous
185 Commission may resolve difficulties--Cwlth s 253ZV . . . . . . . . . . . . . . . 143
186 Ballot expenses under pt 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144
PART 11--CANCELLING REGISTRATION
187 Cancelling registration for industrial conduct . . . . . . . . . . . . . . . . . . . . . . . 144
188 Orders if cancellation deferred . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146
189 Cancelling registration on other grounds . . . . . . . . . . . . . . . . . . . . . . . . . . . 147
190 Cancellation directions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149
191 Recording cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149
192 Consequences of cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149
PART 12--ACCOUNTS AND AUDIT
Division 1--Preliminary
193 Objects of pt 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150
194 Definition for pt 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150
195 Meaning of "financial year" in pt 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151
196 Applying part to organisations with branches . . . . . . . . . . . . . . . . . . . . . . . 151
197 Exemption for branches without financial affairs--Cwlth s 271A . . . . . . . 152
Division 2--Accounting obligations
198 Organisations must keep proper accounting records . . . . . . . . . . . . . . . . . . 152
199 Preparing accounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153
200 Regulation may give effect to Australian accounting standards . . . . . . . . 154
201 Members may apply for information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154
202 Officers' duties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155
Division 3--Audits
203 Auditors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155
204 Auditor's functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156
205 Auditor's powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158
206 Auditor's fees and expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159
9
Industrial Organisations
207 Removing auditors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159
208 Auditors have qualified privilege . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160
Division 4--Presenting and lodging audit reports and accounts
209 Presentation to annual general meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160
210 Extension of time to hold annual general meeting . . . . . . . . . . . . . . . . . . . 161
211 Presentation to committee meeting if a deficiency . . . . . . . . . . . . . . . . . . 161
212 Copies of report must be given to members . . . . . . . . . . . . . . . . . . . . . . . . 161
213 False or misleading statements about reports . . . . . . . . . . . . . . . . . . . . . . . 162
214 Lodging reports with registrar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163
215 Organisation may file reports for branches . . . . . . . . . . . . . . . . . . . . . . . . . 163
Division 5--Registrar's investigations and audits
216 Registrar's investigations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165
217 Registrar may conduct other investigations--Cwlth s 280A . . . . . . . . . . . 166
218 Investigations under ss 211 and 212--Cwlth s 280B . . . . . . . . . . . . . . . . . 166
219 Offences about registrar's investigations . . . . . . . . . . . . . . . . . . . . . . . . . . . 167
220 Registrar's examinations and audits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168
Division 6--Auditors may attend meetings
221 Notice of meeting to auditor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 170
222 Auditor may attend meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 171
Division 7--Exemption for organisations with low income
223 Accounts and audits for low income organisations . . . . . . . . . . . . . . . . . . . 171
Division 8--Political objects funds
224 What is spending money on political objects . . . . . . . . . . . . . . . . . . . . . . . 174
225 Political objects fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 175
226 Contributions by members for political objects . . . . . . . . . . . . . . . . . . . . . . 175
227 Member may give direction about contribution . . . . . . . . . . . . . . . . . . . . . 176
228 No disadvantage to non-contributing members . . . . . . . . . . . . . . . . . . . . . . 176
229 Payments from fund must be under a direction or approved . . . . . . . . . . . 177
230 Officers must ensure organisation complies with division . . . . . . . . . . . . . 177
231 Filing statements of political expenditure . . . . . . . . . . . . . . . . . . . . . . . . . . 178
PART 13--PRESUMED VALIDITY OF ORGANISATIONS'
ACTIONS
232 Definitions for pt 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 179
10
Industrial Organisations
233 Validating actions taken in good faith . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 180
234 Validating acts after 4 years . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 182
PART 14--FREEDOM OF ASSOCIATION
Division 1--Preliminary
235 Objects of pt 14--Cwlth s 298A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 183
236 Definitions--Cwlth s 298B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 183
Division 2--Conduct by employers etc.
237 Dismissal etc. of members of industrial associations etc.--Cwlth
s 298K . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 186
238 Prohibited reasons--Cwlth s 298L . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 187
239 Inducements to cease membership etc. of industrial association
etc.--Cwlth s 298M . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 190
Division 3--Conduct by employees etc.
240 Cessation of work--Cwlth s 298N . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 190
Division 4--Conduct by industrial associations etc.
241 Industrial associations acting against employers--Cwlth s 298P . . . . . . . 190
242 Industrial associations acting against employees etc.--Cwlth s 298Q . . . 192
243 Industrial associations acting against members--Cwlth s 298R . . . . . . . . 192
244 Industrial associations acting against independent contractors
etc.--Cwlth s 298S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 193
Division 5--Remedies for breaches of this part
245 Applications to the court--Cwlth s 298T . . . . . . . . . . . . . . . . . . . . . . . . . . . 194
246 Orders that the court may make--Cwlth s 298U . . . . . . . . . . . . . . . . . . . . . 194
247 Proof not required of the reason for, or the intention
of, conduct--Cwlth s 298V . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 195
Division 6--Miscellaneous
248 Provisions of industrial instruments requiring or permitting
conduct in contravention of this part--Cwlth s 298Y . . . . . . . . . . . . . . . . . 196
PART 15--OTHER OFFENCES
Division 1--Specific offences
249 Offence about organisation's property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 196
250 Preventing elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 197
251 Offences about persons conducting ballot . . . . . . . . . . . . . . . . . . . . . . . . . . 197
252 Officer to act honestly etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 199
11
Industrial Organisations
253 Officers with material personal interests . . . . . . . . . . . . . . . . . . . . . . . . . . . 199
254 Proceedings not affected . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 200
Division 2--Parties to offences
255 Parties to offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 200
Division 3--Attempts to commit offences
256 Attempt to commit offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 201
PART 16--APPEALS
Division 1--Appeals to Court of Appeal
257 Appeal from court to Court of Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 201
Division 2--Appeals to Industrial Court
258 Appeal from commission, magistrate or registrar to court . . . . . . . . . . . . . 202
259 Court's discretion on penalty on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . 203
Division 3--Appeals to Industrial Relations Commission
260 Appeals from commissioner to full bench with leave . . . . . . . . . . . . . . . . . 204
261 Appeal from registrar to full bench . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 204
262 President may stay decisions when leave sought . . . . . . . . . . . . . . . . . . . . 205
263 Decisions on appeal that are final . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 205
Division 4--Appeals to both Industrial Court and Industrial
Relations Commission
264 Appeals from commissioner or registrar to both court and commission . . 206
Division 5--General
265 Nature of appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 207
266 Time limited for appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 207
PART 17--JURISDICTION AND PROCEDURE
Division 1--Jurisdiction
267 Jurisdiction of the full court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 207
268 Court's jurisdiction exclusive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 208
269 President's jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 208
270 Commission's jurisdiction is exclusive . . . . . . . . . . . . . . . . . . . . . . . . . . . . 208
271 Magistrate's jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 208
272 Magistrate's jurisdiction exclusive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 209
Division 2--Procedure
273 Evidence, powers and procedure follow Workplace Relations Act 1996 . 209
12
Industrial Organisations
274 Performance of commission's functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . 209
275 Recovery of amounts under orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 210
276 Recovery of amounts from organisation . . . . . . . . . . . . . . . . . . . . . . . . . . . . 210
277 Recovering member's liabilities to organisation . . . . . . . . . . . . . . . . . . . . . 210
Division 3--Evidentiary provisions
278 Certificate evidence in applications about office holding . . . . . . . . . . . . . 211
279 Evidentiary provision--elections by registrar . . . . . . . . . . . . . . . . . . . . . . . 212
280 Evidentiary provisions--general . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 212
281 Particular offences may be charged in 1 complaint . . . . . . . . . . . . . . . . . . 213
PART 18--MISCELLANEOUS
282 No action for defamation in certain cases . . . . . . . . . . . . . . . . . . . . . . . . . . 214
283 References to making false or misleading statements . . . . . . . . . . . . . . . . 214
284 References to engaging in conduct . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 215
285 Filing details of loans, grants and donations . . . . . . . . . . . . . . . . . . . . . . . . 215
286 Documents open to inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 216
287 Nomination for amounts payable on member's death . . . . . . . . . . . . . . . . . 216
288 Notices and applications to be written . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 217
289 Functions and powers of registrar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 217
290 Delegation by registrar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 217
291 Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 218
292 Stamp duty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 218
293 Inaccurate descriptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 219
294 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 219
PART 19--SAVINGS, TRANSITIONAL AND OTHER
AMENDMENTS
295 Definition for pt 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 220
296 Continued registration of organisations . . . . . . . . . . . . . . . . . . . . . . . . . . . . 220
297 Registrar may amend name of union . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 220
298 Savings--agreements etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 220
299 Savings--proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 221
300 References to former industrial Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 221
301 Transitional provision about rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 222
302 Cost of copy of rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 222
13
Industrial Organisations
303 Appointments continue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 222
304 Amended Acts--sch 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 223
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . 224
PROVISIONS OF WORKPLACE RELATIONS ACT 1996 THAT
APPLY TO PROCEEDINGS UNDER THIS ACT
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . 227
AMENDMENT OF INDUSTRIAL RELATIONS (PROTECTION
FROM INVALIDITIES) ACT 1991
SCHEDULE 3 . . . . . . . . . . . . . . . . . . . . . . . 233
DICTIONARY
1996
A BILL
FOR
An Act to provide for industrial organisations in Queensland and for
other matters
s1 16 s3
Industrial Organisations
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
title 3
Short
1. This Act may be cited as the Industrial Organisations Act 1996. 4
5
Commencement
2.(1) This Act commences on a day to be fixed by proclamation. 6
(2) Part 12, division 8 commences 6 months after section 3 commences. 7
of Act 8
Objects
3. The objects of this Act are-- 9
(a) to encourage the democratic control of industrial organisations 10
("organisations")1 and participation by their members in the 11
affairs of organisations; and 12
(b) to encourage the efficient management of organisations; and 13
(c) to ensure freedom of association, including the rights of 14
employees and employers to join an organisation or association 15
of their choice, or not to join an organisation or association; and 16
(d) to ensure employee and employer organisations registered under 17
this Act2 are representative of, and accountable to, their members 18
and are capable of operating effectively. 19
1 Industrial organisations are called `organisations': see the dictionary in the
schedule, definition "organisation".
2 This Act is only concerned with industrial organisations registered in
Queensland. Commonwealth employee and employer organisations in
Queensland are registered under the Commonwealth Act.
s4 17 s6
Industrial Organisations
dictionary 1
Definitions--the
4.(1) The dictionary in schedule 3 defines particular words used in this 2
Act.3 3
(2) Definitions found elsewhere in this Act are signposted in the 4
dictionary. 5
does not bind State 6
Act
5.(1) This Act does not bind the State. 7
(2) However, the State is bound by section 914 and part 145 . 8
ART 2--REGISTRATION 9
P
for pt 2 10
Definitions
6. In this part-- 11
"enterprise" means-- 12
(a) a business that is carried on by only 1 employer; or 13
(b) a functionally distinct part of a business mentioned in 14
paragraph (a); or 15
3 In some Acts, definitions are contained in a dictionary that appears as the last
schedule and forms part of the Act--Acts Interpretation Act 1954, section 14(4).
Words defined elsewhere in the Act are generally signposted by entries in the
dictionary. However, if a section has a definition applying only to the section, or
a part of the section, it is generally not signposted by an entry in the dictionary
and is generally set out in the last subsection of the section.
Signpost definitions in the dictionary alert the reader to the terms defined
elsewhere in the Act and tell the reader where the definitions can be found. For
example, the definition ` "offence" see section 19.' tells the reader there is a
definition of offence in the section.
4 Section 91 (Conduct about exemption certificate holders)
5 Part 14 (Freedom of association)
s7 18 s8
Industrial Organisations
(c) 2 or more functionally distinct parts of the same business carried 1
on by the same employer. 2
"enterprise association" means an association of a type mentioned in 3
section 9(1)(d).6 4
for registration--general 5
Applying
7.(1) An employee or employer association may apply to the 6
commission for registration.7 7
(2) The application must be-- 8
(a) in the form in the rules of court; and 9
(b) signed by the applicant's president and secretary. 10
(3) Notice of the application must be published by the applicant in the 11
way prescribed under a regulation. 12
for registration--employer associations 13
Applying
8.(1) Only the following employer associations may apply for 14
registration as an employer organisation-- 15
(a) an association whose members are all employers; 16
(b) an association, some of whose members are employers, if-- 17
(i) the association effectively represents its members who are 18
employers; or 19
(ii) its members who are not employers are-- 20
(A) officers of the association; or 21
(B) persons who carry on business otherwise than as 22
employees; or 23
6 Section 9 (Applying for registration--employee associations)
7 `Registration' means registration as an organisation: see the dictionary in the
schedule, definition "registration".
s8 19 s8
Industrial Organisations
(C) persons who were employers when admitted to 1
membership of the association and whose membership 2
has not ended, by resignation or otherwise. 3
(2) The application must be accompanied by-- 4
(a) particulars of the name and the place or places where business is 5
carried on by each employer member; and 6
(b) a list of persons holding appointment as the following officers of 7
the association-- 8
(i) president; 9
(ii) secretary; 10
(iii) management or executive committee members; 11
(iv) if the association has trustees--trustees; 12
(v) other officers, and their official designations; and 13
(c) 2 copies of the association's rules; and 14
(d) for an association of more than 1 person--a copy of a resolution 15
in favour of registration of the association passed under the 16
association's rules-- 17
(i) by a majority of the employers who are members of the 18
association; or 19
(ii) in another way allowed by the rules; and 20
(e) a list of the callings in which employees are employed by the 21
association's members who are employers; and 22
(f) particulars of-- 23
(i) the control of the association's property; and 24
(ii) investment of its funds, as distinct from the property and 25
funds of the members of the association; and 26
(g) the address of the proposed registered office under section 20;8 27
and 28
(h) the appropriate fee under the rules of court. 29
8 Section 20 (Registered office of organisation)
s9 20 s9
Industrial Organisations
for registration--employee associations 1
Applying
9.(1) Only the following employee associations may apply for 2
registration as an employee organisation-- 3
(a) an association whose members are all employees; 4
(b) an association, some of whose members are employees, if the 5
other members are officers of the association; 6
(c) an association of which-- 7
(i) some or all of the members are employees; and 8
(ii) the other members, if any, are independent contractors who, 9
if they were employees performing work of the kind which 10
they usually perform as independent contractors, would be 11
employees eligible for membership of the association; and 12
(d) an association of which some or all of the members are 13
employees performing work in the same enterprise and the other 14
members, if any, are-- 15
(i) officers of the association; or 16
(ii) independent contractors who, if they were employees 17
performing work of the type that they usually perform as 18
independent contractors, would be employees eligible for 19
membership of the association. 20
(2) The application must be accompanied by-- 21
(a) a list of the association's members; and 22
(b) a list of the persons holding appointment as the following officers 23
of the association-- 24
(i) president; 25
(ii) secretary; 26
(iii) management or executive committee members; 27
(iv) if the association has trustees--trustees; 28
(v) other officers, and their official designations; and 29
(c) 2 copies of the association's rules; and 30
s 10 21 s 10
Industrial Organisations
(d) a copy of a resolution in favour of registration of the association 1
passed under the association's rules-- 2
(i) by a majority of its members present at a general meeting; or 3
(ii) in another way allowed by the rules; and 4
(e) a list of callings of its members or callings to which its eligibility 5
rules relate; and 6
(f) a list of the localities where its members exercise their callings; 7
and 8
(g) the address of the proposed registered office under section 20;9 9
and 10
(h) the appropriate fee under the rules of court. 11
criteria--employer associations 12
Registration
10.(1) The commission may approve an employer association's 13
application for registration if-- 14
(a) the association exists to further or protect its members' interests; 15
and 16
(b) its employer members have in total employed a monthly average 17
of at least 20 employees during the 6 months before the making 18
of the application; and 19
(c) the commission is satisfied the association would conduct its 20
affairs in a way that meets the obligations of an organisation 21
under this Act; and 22
(d) the association's rules have-- 23
(i) the provisions required by this Act; and 24
(ii) been approved by the commission under section 13;10 and 25
(e) the association's name is not-- 26
(i) the same as an organisation's name; or 27
9 Section 20 (Registered office of organisation)
10 Section 13 (Approving and registering rules--Cwlth s 205)
s 11 22 s 11
Industrial Organisations
(ii) so similar to an organisation's name as to be likely to cause 1
confusion; and 2
(f) registration of the association would further the objects of this 3
Act. 4
(2) Despite subsection (1)(b), the commission may approve an 5
application if it is satisfied there are special circumstances that justify the 6
association's registration. 7
(3) In applying subsection (1)(c), the commission must have regard to 8
whether any recent conduct by the association or its members would have 9
provided grounds for an application under section 18711 had the association 10
been registered when the conduct happened. 11
criteria--employee associations other than enterprise 12
Registration
associations 13
11.(1) The commission may approve an application for registration by an 14
employee association, other than an enterprise association, if-- 15
(a) the association exists to further or protect its members' interests; 16
and 17
(b) the association is free from control by, or improper influence 18
from, an employer or an employer association or organisation; 19
and 20
(c) the association has at least 20 members who are employees; and 21
(d) the commission is satisfied the association would conduct its 22
affairs in a way that meets the obligations of an organisation 23
under this Act; and 24
(e) the association's rules have-- 25
(i) the provisions required by this Act; and 26
(ii) been approved by the commission under section 13;12 and 27
11 Section 187 (Cancelling registration for industrial conduct)
12 Section 13 (Approving and registering rules--Cwlth s 205)
s 12 23 s 12
Industrial Organisations
(f) the association's name is not-- 1
(i) the same as an organisation's name; or 2
(ii) so similar to an organisation's name as to be likely to cause 3
confusion; and 4
(g) registration of the association would further the objects of this 5
Act; and 6
(h) there is no organisation to which members of the association 7
might belong, or no organisation-- 8
(i) to which the members of the association could more 9
conveniently belong; and 10
(ii) that would effectively represent those members. 11
(2) In applying subsection (1)(c), the commission must have regard to 12
whether any recent conduct by the association or its members would have 13
provided grounds for an application under section 18713 had the association 14
been registered when the conduct happened. 15
(3) Despite subsection (1)(d), the commission may approve an 16
application if it is satisfied there are special circumstances that justify the 17
association's registration. 18
(4) Despite subsection (1)(h), the commission may approve an 19
application if it accepts an undertaking it considers appropriate from the 20
association to avoid demarcation disputes that might otherwise arise from 21
an overlap between the association's eligibility rules and those of the 22
organisation. 23
(5) Without limiting the matters the commission may take into account 24
in considering, under subsection (1)(h)(ii), the effectiveness of the 25
representation of an organisation, it must take into account whether the 26
representation would be consistent with the objects of this Act. 27
criteria--enterprise associations 28
Registration
12.(1) The commission may approve an enterprise association's 29
application for registration if-- 30
13 Section 187 (Cancelling registration for indusrial conduct)
s 12 24 s 12
Industrial Organisations
(a) the association-- 1
(i) is a genuine enterprise association; and 2
(ii) exists to further or protect its members interests; and 3
(b) the association is free from control by, or improper influence 4
from-- 5
(i) an employer, whether at the enterprise to which the 6
enterprise association belongs or otherwise; or 7
(ii) an entity with an interest in the enterprise; or 8
(iii) an organisation or an employers or employees association; 9
and 10
(c) the association has at least 20 members who are employees; and 11
(d) the commission is satisfied the association would conduct its 12
affairs in a way that meets the obligations of an organisation 13
under this Act; and 14
(e) the association's rules have-- 15
(i) the provisions required by this Act; and 16
(ii) been approved by the commission under section 13; and 17
(f) the association's name is not-- 18
(i) the same name as an organisation's name; or 19
(ii) so similar to an organisation's name as to be likely to cause 20
confusion; and 21
(g) the commission is satisfied a majority of the persons eligible to 22
be members of the association support its registration as an 23
organisation; and 24
(h) a resolution in favour of the association's registration was passed 25
under the association's rules by-- 26
(i) a majority of its members present at a general meeting; or 27
(ii) an absolute majority of its management committee; and 28
(i) registration of the association would further the objects of this 29
Act. 30
s 13 25 s 14
Industrial Organisations
(2) In applying subsection (1)(d), the commission must have regard to 1
whether any recent conduct by the association or its members would have 2
provided grounds for an application under section 18714 had the association 3
been registered when the conduct happened. 4
and registering rules--Cwlth s 205 5
Approving
13.(1) If an association applies for registration, the registrar must give the 6
association's rules to the commission for approval. 7
(2) The commission must approve the rules if satisfied they are not 8
contrary to this Act or to law. 9
(3) The registrar must register the approved rules. 10
(4) An organisation's rules become effective when the organisation is 11
registered. 12
registration of small organisations 13
Continued
14.(1) The commission may continue a small organisation's registration 14
if it considers special circumstances exist to justify its continued registration 15
in the public interest. 16
(2) The power under subsection (1) must not be exercised more than 17
once a year for an organisation. 18
(3) The commission must cancel a small organisation's registration if it 19
is not satisfied special circumstances exist to justify its continued 20
registration in the public interest. 21
(4) In this section-- 22
"small organisation" means-- 23
(a) for an employee organisation--an organisation having fewer than 24
20 members who are employees; or 25
14 Section 187 (Cancelling registration for industrial conduct)
s 15 26 s 16
Industrial Organisations
(b) for an employer organisation--an organisation whose employer 1
members have in total employed a monthly average of fewer than 2
20 employees during the 6 months before the commission acts 3
under subsection (1). 4
several organisations for the same calling 5
Registering
15.(1) If there are 2 or more associations for a calling, 2 or more of them 6
may apply for joint registration. 7
(2) If an association applies for registration for a calling for which an 8
organisation is already registered, the commission may-- 9
(a) approve the application; and 10
(b) if it approves the application--bracket together the registration of 11
the organisations for the calling. 12
(3) If the commission brackets together the registration of organisations 13
for a calling, subsection (2) applies to a later application for registration by 14
another association for the same calling. 15
(4) If an association applies for registration for a calling for which an 16
organisation is registered, the commission must give at least 14 days notice 17
to the organisation before it considers the application. 18
(5) An organisation given notice under subsection (4) may be heard as 19
prescribed under a regulation before the commission to oppose the approval 20
of the application. 21
(6) Industrial organisations that have had their registrations bracketed for 22
a calling have joint rights under this Act. 23
(7) In a proceeding before the court, the commission, a magistrate, or the 24
registrar, the organisations may appear jointly or separately. 25
of callings 26
Change
16. On an application by an organisation in the way prescribed under a 27
regulation, the commission may change a calling for which the organisation 28
is registered. 29
s 17 27 s 18
Industrial Organisations
application 1
Deciding
17.(1) A person may object to an application for registration if the 2
person-- 3
(a) has an appropriate interest in the matter; and 4
(b) gives notice to the commission in the time and way prescribed 5
under a regulation. 6
(2) If the commission receives a notice objecting to an application, the 7
commission must-- 8
(a) fix a hearing day for the objection; and 9
(b) give notice of the day, as prescribed under a regulation; and 10
(c) on the day notified, or another day to which the matter is 11
adjourned--hear and decide the application and objections. 12
(3) If the commission grants an association's application for registration, 13
the registrar must immediately register the association as an organisation. 14
(4) On registration of the organisation, the registrar must-- 15
(a) give it a certificate of registration in the form in the rules of court; 16
and 17
(b) enter the organisation's name in the register. 18
(5) If requested by the organisation, the registrar may give it a copy of 19
the certificate or a replacement certificate. 20
corporate bodies 21
Organisations
18. An organisation, in its registered name-- 22
(a) is a body corporate; and 23
(b) has perpetual succession; and 24
(c) has power to purchase, take on lease or hire, hold, sell, lease, let, 25
mortgage, exchange, accept or dispose of by way of gift, own, 26
possess, and otherwise deal with property; and 27
(d) must have a common seal; and 28
(e) may sue and be sued. 29
s 19 28 s 20
Industrial Organisations
name of organisation 1
Registered
19.(1) An organisation's registered name must include the words-- 2
(a) if it is an employer organisation--`industrial organisation of 3
employers' or `industrial union of employers'; or 4
(b) if it is an employee organisation--`industrial organisation of 5
employees' or `industrial union of employees'. 6
(2) The registered name of an employer or employee organisation must 7
state the locality where most of its members live or carry on their business 8
or calling. 9
office of organisation 10
Registered
20.(1) An organisation must, within 7 days of being registered, have a 11
registered office to which all notices to it may be given. 12
Maximum penalty--2 penalty units for each week the provision is 13
contravened. 14
(2) The organisation must give notice to the registrar of-- 15
(a) the address of its registered office within 14 days after the 16
organisation is registered; or 17
(b) a change in the address of its registered office within 7 days after 18
the change happens. 19
Maximum penalty--2 penalty units for each week the provision is 20
contravened. 21
(3) The organisation's officers must ensure the organisation complies 22
with subsections (1) and (2). 23
(4) If an organisation contravenes subsections (1) or (2), each of its 24
officers commits a continuing offence, that is the offence of failing to 25
ensure the organisation complies with the provision. 26
Maximum penalty for subsection (3)--the penalty for the contravention of 27
the provision by the organisation . 28
(5) However, it is a defence for an officer to prove-- 29
(a) if the officer was in a position to influence the conduct of the 30
organisation in relation to the offence, the officer exercised 31
s 21 29 s 22
Industrial Organisations
reasonable diligence to ensure the organisation complied with the 1
provision; or 2
(b) the officer was not in a position to influence the conduct of the 3
organisation in relation to the offence. 4
PART 3--ORGANISATIONS' RULES 5
1--General 6
Division
for rules 7
Requirement
21. An organisation must have rules about the matters required under 8
this Act. 9
requirements for rules 10
General
22. An organisation's rules must not-- 11
(a) contravene-- 12
(i) this Act or its objects; or 13
(ii) an award, industrial agreement, certified agreement or EFA; 14
or 15
(iii) law; or 16
(b) prevent members of the organisation from-- 17
(i) observing the law, an award, industrial agreement, certified 18
agreement, EFA or QWA, or a decision of the court or 19
commission; or 20
(ii) entering into written agreements under an award, industrial 21
agreement, certified agreement, EFA or QWA or a decision 22
of the commission; or 23
s 23 30 s 23
Industrial Organisations
(c) impose on its members, or membership applicants, conditions, 1
obligations or restrictions that are oppressive, unreasonable or 2
unjust, having regard to the objects of-- 3
(i) this Act; and 4
(ii) the registration of organisations. 5
of rules 6
Content
23.(1) An organisation's rules must state the following-- 7
(a) the organisation's objectives; 8
(b) the eligibility conditions for membership of the organisation; 9
(c) the functions and powers of the organisation's committees, 10
branch committees, office holders and branch office holders; 11
(d) how meetings of members and committees of the organisation 12
and its branches are called; 13
(e) how office holders in the organisation and its branches are 14
removed; 15
(f) how committees of the organisation or its branches are controlled 16
by the organisation's members or branch members; 17
(g) how documents may be signed for the organisation; 18
(h) that notice must be given by a stated authorised office holder to 19
the commission of the existence or likelihood of industrial 20
disputes, in the way prescribed under the rules of court; 21
(i) how a person-- 22
(i) becomes a member; or 23
(ii) stops being a member, other than by resignation; 24
(j) how members resign; 25
(k) how the organisation's property is controlled and its funds 26
invested; 27
(l) the conditions for spending the organisation's funds; 28
s 23 31 s 23
Industrial Organisations
(m) that the organisation's accounts must be audited yearly or another 1
more frequent period; 2
(n) that the organisation must keep a member's register, arranged 3
according to branches if the organisation has branches; 4
(o) how the rules may be amended; 5
(p) that membership applicants must be informed in writing of-- 6
(i) a member's financial obligations; and 7
(ii) when and how a member may resign; 8
(q) that a full-time officer or a full-time employee of the organisation 9
or branch of the organisation may not be elected to an office in the 10
organisation or branch, other than an office stated by the rules to 11
be a full-time elected position; 12
(r) that the organisation's or a branch's management committee 13
membership must not be made up of more than a total of 30% of 14
the organisation's or branch's full-time elected officers or full- 15
time employees; 16
(s) that there must be an annual general meeting of its members; 17
(t) that its annual general meeting must be held within 5 months of 18
the end of each of its financial years, including a financial year 19
under section 190(2);15 20
(u) that its annual general meeting may pass a resolution that binds 21
the management committee of the organisation or its branches; 22
(v) that if an annual general meeting takes the form of a meeting of 23
elected delegates, no more than 30% of the delegates may be 24
full-time elected officers or full-time employees of the 25
organisation. 26
(2) An organisation's rules may-- 27
(a) state the industry for which the organisation is formed; and 28
(b) make another provision that does not contravene this Act. 29
(3) However, an organisation's rules may only provide for a person's 30
15 Section 195 (Meaning of "financial year" in pt 12)
s 24 32 s 24
Industrial Organisations
removal from an elected office in the organisation or branch if the person-- 1
(a) has been found guilty under the rules of-- 2
(i) misappropriation of the organisation's or branch's funds; or 3
(ii) substantial contravention of the rules; or 4
(iii) gross misbehaviour or gross neglect of duty in the office; or 5
(b) has stopped being eligible to hold the office under the rules. 6
(4) In this section-- 7
"committee", of an organisation or a branch, means a body of the 8
members or officers of the organisation or branch that has the powers 9
mentioned in paragraph (b) of the definition "office" in schedule 3. 10
to give conditions for loans, grants and donations 11
Rules
24.(1) An organisation's rules must state that the organisation or a 12
branch must not give a loan, grant or donation (a "payment") totalling 13
more than $1 000 to anyone unless the organisation's or branch's 14
management committee-- 15
(a) has approved the payment; and 16
(b) is satisfied the payment could be given under the other rules of 17
the organisation; and 18
(c) if the payment is a loan--is satisfied-- 19
(i) the security to be provided for the loan is sufficient; and 20
(ii) the proposed arrangements to repay the loan are satisfactory. 21
(2) Despite subsection (1), an organisation's rules may authorise a 22
person to give a payment of no more than $3 000 to a member of the 23
organisation if the payment is-- 24
(a) to relieve the member, or the member's dependants, from severe 25
financial hardship; and 26
(b) made on condition that if the management committee at its next 27
meeting does not approve the payment, it must be repaid as 28
decided by the committee. 29
s 25 33 s 25
Industrial Organisations
(3) In considering whether to approve a payment to a member under 1
subsection (2), the management committee must consider if-- 2
(a) the payment was made under the organisation's rules; and 3
(b) if the payment is a loan--it is satisfied-- 4
(i) the security to be provided for the loan is sufficient; and 5
(ii) the proposed arrangements to repay the loan are satisfactory. 6
2--Election rules 7
Division
Subdivision 1--General 8
for elections and ballots 9
Rules
25.(1) An organisation's rules must-- 10
(a) provide for the election of the organisation's officers by-- 11
(i) a direct voting system; or 12
(ii) a collegiate electoral system; and 13
(b) provide for a returning officer, who is not an employee, member 14
or officer of the organisation or a branch, to conduct an election or 15
ballot if the organisation is exempted from the requirement that 16
the electoral commission conduct an election or ballot for the 17
organisation; and 18
(c) require the organisation to give candidates for an election equal 19
opportunity to express their views to members of an organisation 20
in a statement that is-- 21
(i) given to each member with the ballot papers for the election; 22
and 23
(ii) paid for by the organisation; and 24
(iii) published in a way prescribed under a regulation. 25
(d) require a returning officer, before rejecting a person's nomination 26
as defective (other than because the person is not qualified to hold 27
the office that the nomination is for)-- 28
s 25 34 s 25
Industrial Organisations
(i) to notify the person of the defect; and 1
(ii) if practicable, to give the person the opportunity of 2
remedying the defect within a stated period of not less than 3
7 days after the person is notified; and 4
(e) provide for-- 5
(i) the way a person becomes a candidate for election; and 6
(ii) the functions of returning officers; and 7
(iii) the declaration of the result of an election; and 8
(f) if a ballot is required for an election--require the ballot to be a 9
secret ballot, and allow for-- 10
(i) absentee voting; and 11
(ii) the conduct of the ballot; and 12
(iii) the appointment, conduct and functions of scrutineers to 13
represent the candidates at the ballot; and 14
(g) ensure, as far as is practicable, that no irregularities can happen 15
for an election. 16
(2) An organisation's rules may require compulsory voting in a ballot 17
required for an election. 18
(3) An organisation's rules about elections for office must relate to 19
elections for all offices in the organisation, including offices in the 20
organisation's branches. 21
(4) In this section-- 22
"collegiate electoral system" for an election of an organisation's officers 23
means a system of electing the officers comprising-- 24
(a) a first stage, at which persons are elected to a number of offices 25
by a direct voting system; and 26
(b) 1 subsequent stage, at which persons are elected by and from the 27
persons elected at the first stage. 28
"conduct an election", includes accept or reject nominations for the 29
election. 30
s 26 35 s 26
Industrial Organisations
"direct voting system", for an election of an organisation's officers, means 1
a system of electing the officers in which, subject to reasonable 2
provisions about enrolment of members in an organisation or branch 3
in its rules, the following members may vote-- 4
(a) all financial members of the organisation or branch; or 5
(b) all financial members included in the branch, section, class, or 6
other division, of the organisation's members, having regard to 7
the nature of the office. 8
for elections by secret postal ballot 9
Rules
26.(1) This section applies if an organisation's rules provide for an 10
election to be by a direct voting system. 11
(2) An organisation's rules must provide that if a ballot is necessary for 12
an election, the ballot must be a secret postal ballot. 13
(3) However, the organisation may apply to the registrar for an 14
exemption from subsection (2) that the ballot be a postal ballot. 15
(4) The application must include particulars of the proposed amendments 16
to the organisation's rules to provide for the conduct of the election by a 17
secret ballot in a way other than a postal ballot. 18
(5) The registrar may only give the exemption if satisfied-- 19
(a) the proposed amendments-- 20
(i) are not contrary to this Act, apart from subsection (1), or to 21
law; and 22
(ii) have been properly decided under the organisation's rules; 23
and 24
(b) the ballot under the organisation's rules, as they would be if 25
amended by the proposed amendments-- 26
(i) is likely to have a higher participation by the organisation's 27
members than a postal ballot; and 28
(ii) will give members who are eligible to vote an adequate 29
opportunity of voting without intimidation. 30
(6) If the registrar gives the exemption, the amendment of the 31
s 27 36 s 27
Industrial Organisations
organisation's rules made by the proposed amendments is effective from 1
the day the registrar gives the organisation notice of the exemption, unless a 2
later day is stated in the notice. 3
(7) The exemption remains effective until it is cancelled by the registrar 4
under subsection (8). 5
(8) The registrar may cancel the organisation's exemption if-- 6
(a) the organisation applies and the registrar is satisfied its rules 7
comply with subsection (2); or 8
(b) the registrar-- 9
(i) is no longer satisfied-- 10
(A) the rules allow for elections under subsection (2) by a 11
secret ballot other than a postal ballot; or 12
(B) of an issue under subsection (5)(b); and 13
(ii) has given the organisation the opportunity prescribed under a 14
regulation to show cause why the exemption should not be 15
cancelled. 16
(9) If the registrar cancels the organisation's exemption under 17
subsection (8)(b), the registrar may by notice to the organisation, after 18
giving it the opportunity to be heard prescribed under a regulation, amend 19
the organisation's rules in the way the registrar decides is necessary for 20
them to comply with subsection (2). 21
(10) If the registrar amends the organisation's rules under subsection (9), 22
the amendment takes effect on the day the notice is given to the 23
organisation, unless a later day is stated in the notice. 24
about office terms 25
Rules
27.(1) An organisation's rules may not allow an officer to hold office for 26
more than 4 years (the "maximum term") without re-election. 27
(2) However, an organisation's rules may extend the maximum term for 28
a period of no more than 1 year to synchronise elections for other officers in 29
the organisation. 30
(3) Rules may be made for an extension under subsection (2) for a term 31
beginning before the commencement. 32
s 28 37 s 29
Industrial Organisations
may allow filling casual vacancies 1
Rules
28.(1) An organisation's rules may provide for filling a casual vacancy in 2
an office in the organisation or its branches by-- 3
(a) an ordinary election; or 4
(b) another way allowed by the rules. 5
(2) Despite subsection (1)(b), the rules must not allow the filling of a 6
casual vacancy other than by ordinary election, if the unexpired part of the 7
term of the office is longer than the greater of-- 8
(a) 1 year; or 9
(b) 3/4 of the term of office. 10
(3) A person filling a casual vacancy in an office is taken to have been 11
elected to the office under the relevant provisions if the vacancy in the office 12
is filled by-- 13
(a) an ordinary election; or 14
(b) another way allowed by the rules and this section. 15
(4) In this section-- 16
"relevant provisions" means-- 17
(a) the provisions of this Act (other than this section); and 18
(b) an organisation's rules (other than rules made under 19
subsection (1)) providing for the filling of a casual vacancy in an 20
office other than by an ordinary election. 21
"term", of an office, means the total period the person last elected to the 22
office by an ordinary election, other than by an ordinary election to fill 23
a casual vacancy, may hold the office without being re-elected, having 24
regard to a rule permitted by section 27(2). 25
2--Model election rules 26
Subdivision
may make model election rules 27
Minister
29.(1) The Minister may make model election rules for organisations. 28
(2) The model election rules are subordinate legislation. 29
s 30 38 s 32
Industrial Organisations
may adopt model election rules 1
Organisations
30. An organisation may, by its resolution, adopt all or part of the model 2
election rules, with or without change. 3
of entire model election rules without change 4
Adoption
31.(1) If an organisation adopts all of the model election rules without 5
change, its secretary may give the registrar notice of the resolution. 6
(2) The registrar must register the notice as an amendment of the 7
organisation's rules. 8
of model election rules with change 9
Adoption
32.(1) This section applies if an organisation adopts-- 10
(a) the model election rules with change; or 11
(b) part of the model election rules; or 12
(c) all of the model election rules without change, but notice has not 13
been given under section 31(1).16 14
(2) Within 1 year after the notification of the model rule's, or a longer 15
period allowed by the registrar, the organisation must-- 16
(a) amend its rules to comply with this part; and 17
(b) file a copy of its amended election rules with the registrar. 18
(3) If the registrar considers the amended election rules do not comply 19
with subsection (2), the registrar must require the organisation to file further 20
amended election rules that do comply with this part within a stated time. 21
(4) The model election rules are taken to be the organisation's election 22
rules if the organisation-- 23
(a) does not comply with subsection (2); or 24
(b) does not file a complete set of its further amended election rules 25
within a stated time under subsection (3); or 26
16 Section 31 (Adoption of entire model election rules without change)
s 33 39 s 34
Industrial Organisations
(c) files a complete set of further amended election rules within a 1
stated time under subsection (3) but the registrar considers they 2
do not comply with this part. 3
(5) The registrar must give notice to the organisation if the registrar 4
considers its further amended election rules do not comply with this part. 5
3--Exemption from elections for organisations with 6
Division
counterpart federal bodies 7
is a counterpart federal body 8
What
33. A federal organisation or a branch or part of a federal organisation is 9
a "counterpart federal body" of an organisation if a substantial number of 10
members of each are-- 11
(a) members or eligible to be members of both; or 12
(b) engaged in the same work, in aspects of the same work or in 13
similar work; or 14
(c) employed in the same or similar work by employers engaged in 15
the same industry; or 16
(d) engaged in work or in industries for which there is a community 17
of interest. 18
if federal election held 19
Exemption
34.(1) This section applies if-- 20
(a) an organisation's counterpart federal body has held an election 21
under the Commonwealth Act (the "federal election"); and 22
(b) the organisation's rules provide that it has offices corresponding 23
to offices in its counterpart federal body. 24
(2) The organisation may apply to the commission for an exemption 25
from holding an election. 26
(3) A member of the organisation may object to the exemption-- 27
(a) on the ground that the exemption would detrimentally affect the 28
objector's interests; and 29
s 35 40 s 35
Industrial Organisations
(b) in the way prescribed under a regulation. 1
(4) The commission may only give the exemption if satisfied-- 2
(a) the office will be filled by a person elected in the federal election 3
to a corresponding office in the counterpart federal body; and 4
(b) if the organisation's and the federal body's eligibility rules 5
differ--the interests of the organisation's members who were 6
ineligible to vote in the federal election have not been 7
detrimentally affected. 8
(5) If an exemption is given-- 9
(a) the person elected in the federal election is taken to have been 10
elected to the office; and 11
(b) the organisation's rules for the election are taken to be complied 12
with. 13
(6) In this section-- 14
"corresponding office", to an office, means an office, however described, 15
similar to the office. 16
in federal election result 17
Change
35.(1) This section applies if-- 18
(a) an organisation has been given an exemption under section 34;17 19
and 20
(b) an order under the Commonwealth Act has changed the federal 21
election result about which the exemption was given. 22
(2) The organisation must give the commission notice of the change as 23
soon as practicable after it becomes aware of the change. 24
Maximum penalty--40 penalty units. 25
(3) The organisation is taken to become aware of the change if an officer 26
of the organisation becomes aware of it. 27
(4) If an organisation has given the commission notice of a change and 28
17 Section 34 (Exemption if federal election held)
s 36 41 s 37
Industrial Organisations
the commission proposes to make an order under subsection (5), it must 1
give an opportunity to be heard to-- 2
(a) the organisation; and 3
(b) the officer holding the office the exemption is about; and 4
(c) a member of the organisation. 5
(5) The commission may make an order it considers appropriate, 6
including an order-- 7
(a) cancelling or amending the exemption; or 8
(b) giving another exemption; or 9
(c) validating a contravention of the organisation's election rules. 10
Division 4--Changing name or eligibility rules 11
of div 4 12
Application
36. This division applies to a change of an organisation's name or an 13
amendment of its eligibility rules, other than a change or amendment-- 14
(a) by the registrar under sections 41 or 297;18 or 15
(b) decided by the commission under section 44(8);19 or 16
(c) proposed to be made for-- 17
(i) an amalgamation under part 9;20 or 18
(ii) a withdrawal from amalgamation under part 10.21 19
consent needed for change or amendment 20
Commission's
37.(1) A change of an organisation's name or an amendment of its 21
18 Section 41 (Registrar may amend rules--Cwlth s 203)
Section 297 (Registrar may amend name of union)
19 Section 44 (Rules contravening s 22)
20 Part 9 (Amalgamating industrial organisations)
21 Part 10 (Withdrawal from amalgamations)
s 37 42 s 37
Industrial Organisations
eligibility rules is ineffective unless the commission consents to it. 1
(2) The commission may consent, wholly or partly, to the change or 2
amendment only if satisfied it has been made under the organisation's rules. 3
(3) The commission may refuse to consent to an amendment of an 4
organisation's eligibility rules if satisfied the amendment-- 5
(a) would contravene an agreement or understanding to which the 6
organisation is a party; and 7
(b) deals with the organisation's right to represent under this Act, the 8
industrial interests of a particular class or group of persons. 9
(4) The commission may refuse to consent to an amendment of an 10
organisation's eligibility rules if it-- 11
(a) is satisfied the amendment would change the effect of an order 12
made by the full bench under the Workplace Relations Act 1996, 13
section 293, or given effect to under section 513 of that Act, about 14
the right of the organisation to represent the industrial interests of 15
a particular class or group of employees; and 16
(b) considers that the change would give rise to a serious risk of a 17
demarcation dispute that would prevent, obstruct or restrict the 18
performance of work in an industry, or harm an employer's 19
business. 20
(5) Subsections (3) and (4) do not limit the grounds on which the 21
commission may refuse to consent to an amendment of an organisation's 22
eligibility rules. 23
(6) The commission may not consent to an amendment of an 24
organisation's eligibility rules if, for a person who would be eligible for 25
membership because of the amendment, the commission considers there is 26
another organisation-- 27
(a) to which the person might more conveniently belong; and 28
(b) that would effectively represent the person. 29
(7) Despite subsection (6), the commission may consent to an 30
amendment if it accepts an undertaking it considers appropriate from the 31
organisation to avoid demarcation disputes that might otherwise arise from 32
an overlap between the organisation's eligibility rules and those of another 33
organisation. 34
s 38 43 s 40
Industrial Organisations
name must be different from other organisations 1
New
38. The commission must not consent to a change of an organisation's 2
name unless satisfied the proposed new name is not-- 3
(a) the same as the name of another organisation; or 4
(b) so similar to another organisation's name as to be likely to cause 5
confusion. 6
name change or rule amendment takes effect 7
When
39. If the commission consents to a change of an organisation's name or 8
an amendment of its eligibility rules, it takes effect on-- 9
(a) if a day is specified in the consent--the day; or 10
(b) otherwise--on the day of the consent. 11
5--Amending rules 12
Division
of rule amendments--Cwlth s 205 13
Approval
40. The registrar may approve a proposed amendment of an 14
organisation's rules, other than an amendment of its eligibility rules. 15
(2) However, subsection (1) does not apply to an amendment-- 16
(a) adopting model election rules without change under section 31;22 17
or 18
(b) ordered, directed or decided, and prepared by-- 19
(i) the court; or 20
(ii) the commission; or 21
(iii) the registrar. 22
(3) The registrar must approve a proposed amendment if satisfied the 23
amendment-- 24
(a) is not contrary to this Act or to law; and 25
22 Section 31 (Adoption of entire model election rules without change)
s 41 44 s 42
Industrial Organisations
(b) is made under the organisation's rules. 1
(4) After a proposed amendment has been filed with the registrar, the 2
registrar may, with the organisation's consent, alter the amendment to 3
correct a typographical, clerical or formal error. 4
(5) The registrar must register an approved amendment. 5
(6) An amendment becomes effective-- 6
(a) for an amendment adopting the model election rules without 7
change--when notice is given to the registrar under 8
section 31(1);23 or 9
(b) for an amendment mentioned in subsection (2)(b)--from the day 10
of the order, direction or decision; or 11
(c) otherwise--when registered. 12
may amend rules--Cwlth s 203 13
Registrar
41.(1) The registrar may amend an organisation's rules if the registrar-- 14
(a) considers the rules do not make provision as required by this Act; 15
and 16
(b) has given the organisation an opportunity to be heard on the 17
matter as prescribed under a regulation. 18
(2) The amendment-- 19
(a) must be made by instrument; and 20
(b) becomes effective when the instrument is made. 21
may amend rules if undertaking breached--Cwlth 22
Commission
s 203A 23
42.(1) This section applies if-- 24
23 Section 31 (Adoption of entire model election rules without change)
s 43 45 s 43
Industrial Organisations
(a) in the course of an organisation's registration under section 11, 24 1
an undertaking was given under section 11(4) or 37(7); and 2
(b) the organisation has breached the undertaking. 3
(2) The commission may amend the organisation's rules in a way it 4
considers necessary to remove an overlap between the organisation's 5
eligibility rules and those of another organisation. 6
(3) The commission must give the organisation and the other 7
organisation an opportunity to be heard on the matter as prescribed under a 8
regulation. 9
(4) An amendment-- 10
(a) must be made by instrument; and 11
(b) takes effect on the day the instrument is made. 12
amendments to be recorded 13
Some
43. If an organisation amends its name or its eligibility rules under this 14
Act, the registrar must-- 15
(a) for an amendment of name-- 16
(i) enter the new name in the register; and 17
(ii) amend the organisation's registration certificate and return it 18
to the organisation as soon as practicable after the 19
organisation produces it to the registrar; and 20
(b) for an amendment of eligibility rules--enter particulars of the 21
amendment in the register. 22
24 Section 11 (Registration criteria--employee associations other than enterprise
associations)
s 44 46 s 44
Industrial Organisations
PART 4--VALIDITY AND COMPLIANCE WITH 1
RULES 2
contravening s 22 3
Rules
44.(1) An organisation member or the chief inspector may apply to the 4
court for an order about an organisation's rules. 5
(2) The order may declare that-- 6
(a) the whole, or a part of, an organisation's rules contravene 7
section 22;25 or 8
(b) an organisation's rules contravene section 22 in a stated way. 9
(3) The organisation must be given an opportunity to be heard by the 10
court. 11
(4) Without limiting any of its other powers to adjourn proceedings 12
under this section, the court may adjourn proceedings for a stated period on 13
terms it considers appropriate to give the organisation an opportunity to 14
amend its rules. 15
(5) The court may make an interim order it considers appropriate for the 16
proceeding. 17
(6) An interim order ends-- 18
(a) when the proceeding in which it is made ends; or 19
(b) at an earlier time stated in the order; or 20
(c) if it is discharged. 21
(7) If the order declares the whole or a part of a rule contravenes 22
section 22, the rule or the part of the rule, is taken to be void from the 23
making of the order. 24
(8) The appropriate authority may amend an organisation's rules to 25
comply with section 22 for the matters that gave rise to the order if the 26
authority-- 27
25 Section 22 (General requirements for rules)
s 45 47 s 45
Industrial Organisations
(a) is satisfied the rules have not been amended as required within 1
3 months of the making of the order; and 2
(b) has given the organisation an opportunity to be heard. 3
(9) However, if an organisation applies within 3 months of the making 4
of the order, or within any extension of that period, the appropriate authority 5
may extend the period mentioned in subsection (8)(a). 6
(10) In this section-- 7
"appropriate authority" means-- 8
(a) for an organisation's eligibility rules--the commission; or 9
(b) for other rules--the registrar. 10
to perform rules 11
Directions
45.(1) An organisation member or the chief inspector may apply to the 12
court for an order directing a person obliged to perform or observe the 13
organisation's rules to perform or observe the rules. 14
(2) The court must give an opportunity to be heard to-- 15
(a) the organisation; and 16
(b) a person against whom the order is sought. 17
(3) The court may refuse to deal with the application unless it is satisfied 18
the applicant has taken all reasonable steps to resolve the matter within the 19
organisation. 20
(4) The court may make an interim order it considers appropriate, for 21
example, an order to help a resolution of the matter within the organisation. 22
(5) An interim order ends-- 23
(a) when the proceeding in which it is made ends; or 24
(b) at an earlier time stated in the order; or 25
(c) if it is discharged. 26
(6) An order must not be made under this section if it invalidates-- 27
(a) an election; or 28
(b) a step for the election. 29
s 46 48 s 46
Industrial Organisations
(7) In considering an application under this section the court may by its 1
order declare-- 2
(a) the whole or a part of an organisation's rules contravene 3
section 22;26 or 4
(b) an organisation's rules contravene section 22 in a stated way. 5
(8) Section 44,27 other than subsections (1) to (3), applies to an order 6
made under subsection (7) as if the order had been made under section 44. 7
(9) A person must not contravene an order under this section. 8
Maximum penalty--40 penalty units. 9
(10) In this section-- 10
"election" includes a purported election that is a nullity. 11
help for application under this part 12
Financial
46.(1) An organisation member may apply to the Minister for financial 13
help if the member-- 14
(a) proposes to take, is taking, or has taken a proceeding under this 15
part; and 16
(b) applies within 3 months after the proceeding ends. 17
(2) The Minister may direct the State to give financial help to the member 18
for the cost of the proceeding if satisfied-- 19
(a) there are, or were, reasonable grounds for taking the proceeding; 20
and 21
(b) the proceeding is proposed to be, or was, taken in good faith. 22
(3) If a direction is made under this section, the registrar must decide the 23
amount to be paid to the applicant. 24
(4) If appropriated by Parliament, all amounts decided by the registrar 25
under subsection (3) must be paid out of the consolidated fund. 26
26 Section 22 (General requirements for rules)
27 Section 44 (Rules contravening s 22)
s 47 49 s 48
Industrial Organisations
PART 5--CONDUCTING ELECTIONS 1
commission to conduct elections 2
Electoral
47.(1) An election must be conducted by the electoral commission. 3
(2) However, subsection (1) does not apply to an election-- 4
(a) in an organisation or branch if an exemption given to the 5
organisation or branch under section 5028 is in force for-- 6
(i) elections in the organisation or branch; or 7
(ii) an election for a particular office; or 8
(b) for an office in an organisation if an exemption has been given for 9
the office under section 34.29 10
for exemption from s 47 11
Application
48.(1) An organisation's or branch's management committee may file in 12
the registrar's office an application for the organisation or branch to be 13
exempted from section 47(1) for-- 14
(a) elections for its offices; or 15
(b) an election for a particular office. 16
(2) An application may only be made if the management committee-- 17
(a) has resolved to make the application; and 18
(b) has notified the members of the organisation or branch, as 19
prescribed under a regulation, of the making of the resolution. 20
(3) The application must be accompanied by an affidavit by a member of 21
the management committee stating subsection (2) has been complied with. 22
(4) On the filing of an application, the registrar must publish, as 23
prescribed under a regulation, a notice stating details of the application. 24
(5) If an organisation's rules require an office to be filled by an election 25
28 Section 50 (Commission may give exemption from s 47)
29 Section 34 (Exemption if federal election held)
s 49 50 s 50
Industrial Organisations
by the members, or by some of the members, of 1 branch of the 1
organisation, an election to fill the office is taken to be an election for the 2
branch. 3
to application for exemption 4
Objections
49.(1) A member of an organisation or branch of the organisation for 5
which an application is made under section 48(1) may object to it. 6
(2) The commission must hear the application and properly made 7
objections in the way prescribed under a regulation. 8
may give exemption from s 47 9
Commission
50.(1) This section applies if-- 10
(a) an application for an organisation or branch has been filed under 11
section 48(1);30 and 12
(b) there are no properly made objections to the application or any 13
properly made objections have been heard. 14
(2) The commission may exempt the organisation or branch from 15
section 47(1)31 for elections for the organisation or branch, or the election 16
for the particular office if satisfied-- 17
(a) the rules of the organisation or branch comply with the 18
requirements of this Act about the conduct of elections; and 19
(b) if the organisation or branch were to be exempted from 20
section 47(1), the elections for the organisation or branch, or the 21
election for the particular office, would be conducted-- 22
(i) under the rules of the organisation or branch and this Act; 23
and 24
(ii) in a way that would give members who have the right to 25
vote at the elections or election an adequate opportunity of 26
voting without intimidation; and 27
30 Section 48 (Application for exemption from s 47)
31 Section 47 (Electoral commission to conduct elections)
s 51 51 s 51
Industrial Organisations
(c) if an exemption has been given to the organisation or branch 1
under this section or to the organisation under section 11132-- 2
(i) the organisation or branch has not contravened section 51 or 3
112;33 or 4
(ii) a returning officer has not contravened section 52 or 11334 5
for a ballot conducted under the exemption. 6
(3) The commission may cancel an exemption given to an organisation 7
or branch if-- 8
(a) the management committee of the organisation or branch applies 9
for its cancellation; or 10
(b) the commission-- 11
(i) is no longer satisfied as required by subsection (2); and 12
(ii) has given the organisation's or branch's management 13
committee an opportunity, as prescribed under a regulation, 14
to show cause why the exemption should not be cancelled; 15
or 16
(c) the organisation or branch contravenes section 51 or 112. 17
of organisation or branch if exemption given 18
Duties
51.(1) This section applies if an organisation or branch has been 19
exempted from section 47(1)35 for elections for the organisation or branch 20
or for an election for a particular office. 21
(2) Before holding an election to which the exemption applies the 22
organisation or branch must-- 23
(a) appoint a returning officer, who is not an employee, member or 24
officer of the organisation or branch, to conduct the election; and 25
32 Section 111 (Commission may give exemption from s 108)
33 Section 51 (Duties of organisation or branch if exemption given)
Section 112 (Duties of organisation of exemption given)
34 Section 52 (Election result report)
Section 113 (Ballot result report)
35 Section 47 (Electoral commission to conduct elections)
s 52 52 s 53
Industrial Organisations
(b) give the registrar-- 1
(i) notice of the returning officer's name; and 2
(ii) a statutory declaration sworn by the returning officer stating 3
the returning officer is not an employee, member or officer 4
of the organisation or any branch of the organisation; and 5
(c) obtain the registrar's written approval of the returning officer's 6
appointment. 7
(3) A contravention of this section does not invalidate an election to 8
which the exemption applies. 9
result report 10
Election
52.(1) Within 14 days after the declaration of the result of a ballot, a 11
written election result report containing the particulars prescribed under a 12
regulation must be given to the registrar by-- 13
(a) if the electoral commission conducted the election--the electoral 14
commission; or 15
(b) otherwise--the returning officer appointed by the organisation or 16
branch for which the election was held. 17
(2) A contravention of this section does not invalidate an election to 18
which the exemption applies. 19
to arrange for elections 20
Registrar
53.(1) This section applies to an organisation or branch of an 21
organisation intending to conduct an election, other than an organisation or 22
branch that has an exemption under section 5036 for the election. 23
(2) The organisation or branch must file the information prescribed under 24
a regulation for the election in the registrar's office before the day prescribed 25
under a regulation or a later day the registrar allows. 26
(3) The registrar must arrange for the election to be conducted by the 27
electoral commission if-- 28
36 Section 50 (Commission may give exemption from s 47)
s 54 53 s 55
Industrial Organisations
(a) the information is filed in the registrar's office by the organisation 1
or branch, whether or not before the day permitted under 2
subsection (2); and 3
(b) the registrar is satisfied the election is required to be held under 4
the rules of the organisation or branch. 5
commission's conduct of elections 6
Electoral
54.(1) If an electoral officer is conducting an election, or taking a step in 7
an election, the electoral officer must comply with the rules of the 8
organisation or branch for which the election is being conducted. 9
(2) Despite subsection (1), the electoral officer may take action, and give 10
directions the electoral officer considers necessary-- 11
(a) to ensure no irregularities happen in the election; or 12
(b) to remedy a procedural defect that appears to the electoral officer 13
to exist in the rules. 14
(3) An election conducted by an electoral officer, or a step taken in an 15
election, is not invalid merely because the rules of the organisation or 16
branch are contravened by an action or direction under subsection (2). 17
(4) The electoral commissioner must arrange for another electoral officer 18
to complete an election, or a step in an election, if the electoral officer 19
conducting the election or taking the step-- 20
(a) dies or can not complete the election or take the step; or 21
(b) ceases to be qualified to conduct the election or take the step. 22
expenses 23
Election
55.(1) The expenses of an election conducted by the electoral 24
commission under this part are payable by the organisation for which the 25
election was held. 26
(2) The organisation must pay the State the expenses within 1 month 27
after receiving a written request from the electoral commission to do so. 28
(3) An amount payable by an organisation under this section may be 29
recovered by the State as a debt payable to it. 30
s 56 54 s 57
Industrial Organisations
of candidate 1
Death
56.(1) An election must be discontinued and a new election held if-- 2
(a) 2 or more candidates are nominated for the election; and 3
(b) one of the candidates dies before the close of the ballot. 4
(2) Subsection (1) applies despite anything in an organisation's or 5
branch's rules. 6
records must be preserved 7
Ballot
57.(1) This section applies-- 8
(a) if an election is held under this part; and 9
(b) despite the rules of an organisation or branch. 10
(2) A responsible person for the election must do everything necessary to 11
ensure all ballot records for the election are kept for 1 year after the election 12
by-- 13
(a) if the election is conducted by the electoral commission--the 14
electoral commission; or 15
(b) otherwise--the organisation or branch. 16
Maximum penalty--40 penalty units. 17
(3) In this section-- 18
"responsible person" means-- 19
(a) for an election conducted by the electoral commission--the 20
electoral commission; or 21
(b) otherwise-- 22
(i) the returning officer for the election; or 23
(ii) the organisation or branch; or 24
(iii) an officer of the organisation or branch who performs a 25
function in relation to the records. 26
s 58 55 s 60
Industrial Organisations
help 1
Election
58. An organisation must help a candidate for an election in the way-- 2
(a) stated in the model election rules; or 3
(b) prescribed under a regulation. 4
Maximum penalty--100 penalty units. 5
of organisations not to be used for election purposes 6
Resources
59. An organisation must not use, or permit its employees or agents, 7
members or officers to use, the organisation's property or resources to help 8
a candidate for an election against another candidate for the election by 9
advertising or distributing material about the election. 10
Maximum penalty--100 penalty units. 11
PART 6--DISPUTED ELECTIONS 12
Division 1--Election inquiries 13
for election inquiry 14
Application
60.(1) This section applies if a financial member of an organisation, or a 15
person who was a financial member of the organisation within the previous 16
year, claims there has been an irregularity in an election. 17
(2) The member or person may apply to the court for it to conduct an 18
inquiry (an "inquiry") into the irregularity. 19
(3) An application for an inquiry must-- 20
(a) be in the form in the rules of court; and 21
(b) be filed with the registrar within-- 22
(i) 6 months after the election has ended; or 23
(ii) an extended period allowed by the registrar; and 24
s 61 56 s 61
Industrial Organisations
(c) state-- 1
(i) the election the application is made for; and 2
(ii) the irregularity that is claimed to have happened; and 3
(iii) the facts relied on to support the application; and 4
(d) be accompanied by an affidavit by the applicant stating the facts 5
claimed in the application are true to the best of the applicant's 6
knowledge and belief. 7
by registrar for inquiry 8
Action
61.(1) The registrar must allow an application for an inquiry for an 9
election and refer the matter to the court if satisfied-- 10
(a) there are reasonable grounds to inquire whether there has been an 11
irregularity in the election that may have affected, or may affect, 12
the election result; and 13
(b) the circumstances justify an inquiry. 14
(2) If the registrar is not satisfied to that effect, the registrar must refuse 15
the application and inform the applicant of the refusal. 16
(3) The registrar may exercise powers under subsection (1) on the basis 17
of-- 18
(a) anything stated in the application; or 19
(b) other appropriate information the registrar has knowledge of. 20
(4) After the application is filed the court may authorise the registrar to-- 21
(a) inspect the ballot records that have been used for, or are 22
appropriate to, the election; or 23
(b) enter premises used or occupied by the organisation or branch 24
where the registrar believes the ballot records are located, using 25
necessary and reasonable help and force; or 26
(c) require a person to deliver the ballot records in the person's 27
possession or under the person's control to the registrar; or 28
(d) take possession of the ballot records; or 29
(e) keep the ballot records until-- 30
s 62 57 s 63
Industrial Organisations
(i) an inquiry is completed; or 1
(ii) an earlier time ordered by the court. 2
(5) The registrar may delegate the powers conferred on the registrar 3
under subsection (4) to an appropriately qualified person. 4
(6) The court may only exercise the power under subsection (4) if it has 5
first given a person the court considers should be heard, the opportunity to 6
be heard by the court. 7
(7) A person must not-- 8
(a) contravene a requirement under subsection (4)(c); or 9
(b) prevent the registrar or the registrar's delegate exercising power 10
under this section. 11
Maximum penalty--40 penalty units. 12
to conduct inquiry 13
Court
62.(1) If the registrar refers an application for an inquiry for an election to 14
the court, the inquiry is taken to have been started in the court when the 15
application is referred to it. 16
(2) When an inquiry starts, the court-- 17
(a) must fix a time and place for conducting it; and 18
(b) may give directions to ensure that all persons who have the right 19
to appear or be represented at the inquiry are given notice of the 20
time and place. 21
may make interim orders 22
Court
63.(1) The court may make any of the following orders (an "interim 23
order") after an inquiry for an election has started-- 24
(a) an order stopping any further steps to-- 25
(i) conduct the election; or 26
(ii) carry into effect the election result; 27
(b) an order stopping a person from acting in an office the inquiry is 28
about, if the person has-- 29
s 64 58 s 64
Industrial Organisations
(i) assumed the office; or 1
(ii) continued to act in it; or 2
(iii) claims to occupy it; 3
(c) an order directing a person who holds, or who last held before the 4
election, an office that the inquiry is about, to act or continue to act 5
in the office; 6
(d) an order directing a member of the organisation or branch, or 7
another stated person, to act in an office that the inquiry is about, 8
if the court considers an order under paragraph (c) would-- 9
(i) not be practicable; or 10
(ii) prejudice the efficient conduct of the affairs of the 11
organisation or branch; or 12
(iii) be inappropriate having regard to the nature of the inquiry; 13
(e) an order incidental or supplementary to an order made under this 14
subsection; 15
(f) an order amending or discharging an order made under this 16
subsection. 17
(2) If a person is acting, or continuing to act, in an office under an interim 18
order, the person is taken to hold the office-- 19
(a) while the order is in force; and 20
(b) despite the rules of the organisation or branch. 21
(3) Unless an interim order is sooner discharged by the court, the order is 22
in force until the earlier of-- 23
(a) the completion of the inquiry and everything the court ordered 24
(other than under this section) during the inquiry; and 25
(b) the day stated in the order for it to end. 26
at inquiry 27
Procedure
64.(1) At an inquiry for an election, the court may-- 28
(a) give leave to a person to appear or be represented at the inquiry; 29
or 30
s 65 59 s 65
Industrial Organisations
(b) order a person to appear or be represented there. 1
(2) A person who appears or is represented, or who is ordered to appear 2
or be represented, at an inquiry is taken to be a party to the inquiry. 3
and powers of court at inquiry 4
Functions
65.(1) At an inquiry for an election, the court must inquire into and 5
decide-- 6
(a) if an irregularity has happened in the election; and 7
(b) other questions it considers necessary about the conduct and 8
results of the election. 9
(2) For the inquiry, the court has the powers and authorities of a 10
commission of inquiry under the Commissions of Inquiry Act 1950. 11
(3) For subsection (2), the Commissions of Inquiry Act 1950, other than 12
sections 4 and 19C,37 apply as if, in the provisions-- 13
(a) a reference to an inquiry were a reference to the court's inquiry; 14
and 15
(b) a reference to a commission were a reference to the court; and 16
(c) a reference to the chairperson, including a chairperson who is a 17
Supreme Court Judge, of a commission were a reference to the 18
president; and 19
(d) a reference to a commissioner were a reference to the president; 20
and 21
(e) a reference to a regulation were a reference to a regulation made 22
under this Act. 23
(4) The court may make orders it considers necessary for the inquiry, 24
including a recount of votes for the election. 25
(5) If the court finds an irregularity has happened, or is likely to happen, 26
in the election, it may make any of the following orders-- 27
37 Commissions of Inquiry Act 1950 section 4 (Application of Act) and section 19C
(Authority to use listening devices)
s 65 60 s 65
Industrial Organisations
(a) despite the rules of the organisation or branch--an order directing 1
safeguards to be taken against irregularities in the election; 2
(b) an order declaring the election, or a step taken in or for it, void; 3
(c) an order declaring a person apparently elected at the election not to 4
have been elected; 5
(d) an order declaring a person to have been elected at the election 6
instead of a person declared not to have been elected; 7
(e) an order directing a fresh election and the repeat of a step in it, 8
including calling for and submitting nominations, under-- 9
(i) the rules of the organisation or branch, or the rules as 10
amended by the court in a way it considers necessary to 11
correct a procedural defect in the rules; or 12
(ii) despite the rules of the organisation or branch, the 13
safeguards the court considers necessary to stop 14
irregularities in the election; 15
(f) an order appointing a returning officer-- 16
(i) to act with a returning officer, if any, under the rules of the 17
organisation or branch; and 18
(ii) to exercise the powers stated in the order for the election; 19
(g) an order incidental or supplementary to an order under this 20
subsection. 21
(6) However, the court must not make an invalidating order for the 22
election unless the court decides that, having regard to the irregularity found 23
and the likelihood that similar irregularities have happened or may happen, 24
the election result may have been, or may be, affected by the irregularity. 25
(7) In subsection (6)-- 26
"invalidating order" for an election means an order that-- 27
(a) the election, or a step taken in it, is void; or 28
(b) a person has not been elected in the election. 29
s 66 61 s 70
Industrial Organisations
orders under this part 1
Enforcing
66. The court may make an order in the nature of an injunction, either 2
mandatory or restrictive, it considers necessary to enforce an order or 3
perform its functions or exercise its powers under this part. 4
orders about disputed elections 5
Preventing
67. A person must not prevent the carrying out of a court order under 6
this part. 7
Maximum penalty--40 penalty units. 8
certain acts 9
Validating
68.(1) This section applies if a person-- 10
(a) was apparently elected to an office in an election; and 11
(b) the person has purported to act in the office since the election; and 12
(c) the court declares the person's election void. 13
(2) The person's acts while purporting to act in the office that could have 14
been validly done if the person were duly elected, are valid and effectual for 15
all purposes. 16
(3) However, the court may, if it considers it desirable to do so, declare 17
an act void. 18
(4) An act declared void is taken to be, and to have always been, 19
inoperative. 20
not invalid 21
Election
69. An election, or step in it under a court order, is not invalid because of 22
a contravention of the rules of an organisation or branch in complying with 23
the order. 24
costs 25
Inquiry
70.(1) The Minister may pay the whole, or a part, of a person's costs 26
incurred at an inquiry for an election if-- 27
s 71 62 s 72
Industrial Organisations
(a) for a person who applies for the inquiry and the court finds an 1
irregularity has happened--the Minister considers the 2
circumstances justify the payment; or 3
(b) for a person who applies for the inquiry but the court does not 4
find an irregularity has happened--the court certifies the person 5
acted reasonably in applying for the inquiry; or 6
(c) for anyone else--the Minister is satisfied, having regard to the 7
court's findings in the inquiry, it is not just that the person should 8
pay the whole or a part of the costs. 9
(2) This section does not limit the court's power to make an order about 10
the costs of the proceeding before the court in an inquiry. 11
(3) If appropriated by Parliament, costs payable by the Minister under 12
this section must be paid out of the consolidated fund. 13
(4) In this section-- 14
"costs" includes expenses, for example, witness expenses. 15
Division 2--Registrar may conduct elections 16
of pt 6, div 2 17
Application
71. This division does not apply to an election conducted under 18
section 47(1)38 and only applies to an election mentioned in section 47(2). 19
to conduct elections on request 20
Registrar
72.(1) To ensure no irregularities happen in an election, the organisation 21
or branch may, by signed notice, request the registrar to conduct the 22
election. 23
(2) A request may be made-- 24
(a) by or for the management committee of the organisation or 25
branch; or 26
38 Section 47 (Electoral commission to conduct elections)
s 72 63 s 72
Industrial Organisations
(b) by the number of members of the organisation or of the branch 1
that is the lower of 5% of the membership of the organisation or 2
branch or 250. 3
(3) A regulation may prescribe the time when a request may be made. 4
(4) If the registrar decides a request for an election has been properly 5
made and decides, on reasonable grounds, there is a likelihood of 6
irregularity in the election, the registrar must-- 7
(a) give the organisation or branch signed notice of the decisions; and 8
(b) make arrangements with the electoral commission for an electoral 9
officer to conduct the election. 10
(5) If the registrar decides a request for an election has not been properly 11
made or decides, on reasonable grounds, there is a likelihood of no 12
irregularity in an election, the registrar must give the organisation or branch 13
signed notice of the decision. 14
(6) When the registrar gives notice under subsection 4(a), if the election 15
has already been held, it is taken to be void from the beginning. 16
(7) Despite the rules of the organisation or branch, an electoral officer 17
may take action and give directions the officer considers necessary to-- 18
(a) ensure no irregularities happen in the election; or 19
(b) remedy a procedural defect that appears to exist in the rules. 20
(8) If an electoral officer has given a direction under this section, a person 21
must not contravene the direction or prevent another person from carrying 22
out the direction. 23
Maximum penalty--40 penalty units. 24
(9) This part does not allow the conduct of an inquiry for an election 25
conducted under this section. 26
(10) An election conducted under this section is not invalid because of-- 27
(a) an irregularity in an election request, as a result of which the 28
election was conducted; or 29
(b) a contravention of the rules of the organisation or branch-- 30
(i) from an act done under this section; or 31
s 73 64 s 74
Industrial Organisations
(ii) under a direction given under this section. 1
(11) A person must not prevent another person conducting an election 2
under this section. 3
Maximum penalty--40 penalty units. 4
on registrar's initiative 5
Election
73.(1) This section applies if the registrar decides, on reasonable 6
grounds, there is a likelihood of irregularity in an election. 7
(2) The registrar must-- 8
(a) give the organisation or branch signed notice of the decision; and 9
(b) make arrangements with the electoral commission for an electoral 10
officer to conduct the election. 11
(3) When the registrar gives a notice under subsection (2), section 72(6), 12
(7), (9) and (10) apply as if the registrar had given the organisation or 13
branch a notice under section 72(4)(a). 14
(4) If an electoral officer has given a direction under this section, a person 15
must not-- 16
(a) contravene the direction; or 17
(b) prevent another person from carrying out the direction. 18
Maximum penalty--40 penalty units. 19
(5) A person must not prevent another person conducting an election 20
under this section from taking action under this section. 21
Maximum penalty--40 penalty units. 22
Division 3--Election expenses 23
for elections under this part 24
Expenses
74.(1) This section applies if-- 25
s 74 65 s 74
Industrial Organisations
(a) the court orders any of the following under section 6539 for an 1
election for an organisation or branch-- 2
(i) a fresh election to be held; 3
(ii) a step in an election to be taken again; 4
(iii) a safeguard, not allowed for in the rules of the organisation 5
or branch, to be observed in an election or uncompleted 6
steps in an election; or 7
(b) an election is conducted under section 72 or 7340 for the 8
organisation or branch. 9
(2) The organisation or branch must pay the expenses of complying with 10
the court's order about the election or for conducting the election. 11
(3) The organisation or branch must pay the State the expenses within 12
1 month after receiving a written request from the electoral commission to 13
do so. 14
(4) An amount payable by an organisation or branch under this section 15
may be recovered by the State as a debt payable to it. 16
(5) Despite subsection (2), the court may order the State to pay all or part 17
of the expenses of an election if-- 18
(a) the election was under an order of a type mentioned in 19
subsection (1)(a); and 20
(b) the order was made because of an irregularity caused by the 21
electoral commission. 22
(6) If appropriated by Parliament, expenses that are to be paid by the 23
State under subsection (3) are to be paid by the State out of the consolidated 24
fund. 25
(7) In this section-- 26
"expenses" include-- 27
(a) the wages, salary or other remuneration of a State employee who 28
performs a function, whether or not the employee performs only 29
39 Section 65 (Functions and powers of court at inquiry)
40 Section 72 (Registrar to conduct elections on request)
Section 73 (Election on registrar's initiative)
s 75 66 s 75
Industrial Organisations
that function or other functions as well, in complying with the 1
court's order or conducting the election; and 2
(b) the expenses for providing or using premises, whether or not the 3
premises are used only for these purposes or other purposes as 4
well, provided by the State in complying with the court's order or 5
conducting of the election. 6
ART 7--DISQUALIFICATION FROM HOLDING 7
P
OFFICE IN ORGANISATIONS 8
for pt 7 9
Definitions
75.(1) In this part-- 10
"convicted of a prescribed offence" means being found guilty of the 11
offence, on a plea of guilty or otherwise, whether or not a conviction 12
was recorded. 13
"convicted person" means a person who has been convicted of a 14
prescribed offence. 15
"prescribed offence" means an offence-- 16
(a) under an Act or under a law of the Commonwealth or another 17
State or foreign country, involving-- 18
(i) fraud or dishonesty and punishable on conviction by 19
imprisonment for 3 months or more; or 20
(ii) the intentional-- 21
(A) use of violence towards another person; or 22
(B) causing of death or injury to a person; or 23
(C) damage or destruction of property; or 24
s 76 67 s 76
Industrial Organisations
(b) under section 57(2), 61(7), 72(8), 72(11), 73(4), 115(4), 117(2), 1
171(4), 172(2), 249 or 250;41 or 2
(c) about the formation, registration or management of an association 3
or organisation. 4
(2) A reference in this part to a convicted person includes a reference to a 5
person having been convicted before the commencement of this Act of an 6
offence that, apart from the non-commencement, would have been a 7
prescribed offence against this Act. 8
(3) A reference in this part to a convicted person is a reference to a 9
person being convicted-- 10
(a) for an offence mentioned in paragraph (c) of the definition 11
"prescribed offence"--on indictment; or 12
(b) for an offence mentioned in paragraph (a)(ii) of the definition 13
"prescribed offence"--if the person has served, or is serving, a 14
term of imprisonment for the offence. 15
for office 16
Eligibility
76.(1) A person convicted of a prescribed offence is not eligible to be a 17
candidate for an election, or to be elected or appointed to fill a casual 18
vacancy, to an office unless-- 19
(a) the person is given leave to hold the office under section 77 or 20
78;42 or 21
41 Section 57 (Ballot records must be preserved)
Section 61 (Action by registrar for inquiry)
Section 72 (Registrar to conduct elections on request)
Section 73 (Election on registrar's initiative)
Section 115 (Providing information and documents to electoral officers)
Section 117 (Ballot records to be kept)
Section 171 (Providing information and documents to electoral officers--Cwlth s
253ZN)
Section 172 (Ballot records must be preserved)
Section 245 (Applications to the court--Cwlth s 298T)
Section 246 (Orders that the court may make--Cwlth s 298U)
42 Section 77 (Application for leave to hold office by prospective candidate for
office)
Section 78 (Application for leave to hold office in organisation by office holder)
s 76 68 s 76
Industrial Organisations
(b) the person was refused leave to hold the office under section 77 1
or 78 and-- 2
(i) under section 77(3)(b) or 78(3)(b), the court stated a period 3
for this section; and 4
(ii) the period has elapsed since-- 5
(A) the person's conviction; or 6
(B) if the person served a term of imprisonment for the 7
prescribed offence--since the person was released 8
from prison; or 9
(c) otherwise--5 years has elapsed since-- 10
(i) the person's conviction; or 11
(ii) if the person served a term of imprisonment for the 12
prescribed offence--the person's release from prison. 13
(2) If a person who holds an office is convicted of a prescribed offence, 14
the person stops holding the office 28 days after the conviction unless, 15
within that time, the person applies to the court under section 77.43 16
(3) However, if a person who holds an office and has been convicted of a 17
prescribed offence applies under section 77, the person stops holding 18
office-- 19
(a) 3 months after the conviction-- 20
(i) if the application has not been decided; and 21
(ii) the court has not extended that time; or 22
(b) if the court has extended that time--at the end of the extended 23
time. 24
(4) The court must not extend a time under subsection (3)(b) unless-- 25
(a) the application for the extension is made before the end of the 26
time mentioned in subsection (3)(a); or 27
43 Section 77 (Application for leave to hold office by prospective candidate for
office)
s 77 69 s 77
Industrial Organisations
(b) if the court has previously extended the time under 1
subsection (3)(b)--the application for the further extension is 2
made before the end of the time as extended. 3
(5) An organisation, an organisation member or the registrar may apply 4
to the court for a declaration that, because of this section or section 77 5
or 7844-- 6
(a) a person is not, or was not, eligible to be a candidate for election, 7
or to be elected or appointed, to an office in the organisation; or 8
(b) a person has ceased to hold an office in the organisation. 9
(6) The giving of leave to hold an office under section 77 or 78 for a 10
conviction does not affect the operation of this section or section 77 or 78 11
for another conviction. 12
for leave to hold office by prospective candidate for office 13
Application
77.(1) This section applies if a person who wants to be a candidate for 14
election, or to be appointed to fill a casual vacancy to an office has, within 15
the preceding 5 years-- 16
(a) been convicted of a prescribed offence; or 17
(b) been released from prison after serving a term of imprisonment 18
for a conviction for a prescribed offence. 19
(2) The person may apply to the court for leave to hold the office. 20
(3) The court may-- 21
(a) give the person leave to hold the office; or 22
(b) refuse the person leave to hold the office and state, for 23
section 76(1), a time of less than 5 years; or 24
(c) refuse a person leave to hold office. 25
(4) A person may not apply under this section about a conviction if the 26
person has previously made an application under this section or section 78 27
for the conviction. 28
44 Section 77 (Application for leave to hold office by prospective candidate for
office)
Section 78 (Application for leave to hold office in organisation by office holder)
s 78 70 s 79
Industrial Organisations
for leave to hold office in organisation by office holder 1
Application
78.(1) This section applies if a person holding an office is convicted of a 2
prescribed offence. 3
(2) The person may, within 28 days after conviction, apply to the court 4
for leave to hold the office or another office (a "relevant office"). 5
(3) The court may-- 6
(a) give the person leave to hold the relevant office; or 7
(b) refuse the person leave to hold the relevant office and state, for 8
section 76(1),45 a period of less than 5 years; or 9
(c) refuse the office holder leave to hold the relevant office. 10
(4) If the person is refused leave to hold the office, the person is taken to 11
have stopped holding the office held at the time of making the application. 12
(5) The person may apply only once to the court about the conviction. 13
obligation and powers for declarations 14
Court's
79.(1) If an application is made to the court for a declaration under 15
section 76(5), the court must give the following persons an opportunity to 16
be heard on the application-- 17
(a) the person whose eligibility, or whose holding of office, is in 18
dispute; 19
(b) if the application is made by someone other than the organisation 20
concerned--the organisation. 21
(2) Despite anything in the rules of the organisation, the court may make 22
the orders it considers appropriate to give effect to a declaration. 23
45 Section 76 (Eligibility for office)
s 80 71 s 81
Industrial Organisations
obligations for applications 1
Court's
80.(1) In deciding an application under section 77 or 78,46 the court must 2
consider the following-- 3
(a) the nature of the prescribed offence; 4
(b) the circumstances and the nature of the applicant's involvement in 5
the commission of the prescribed offence; 6
(c) the applicant's general character; 7
(d) the applicant's fitness to be involved in the management of 8
organisations, having regard to the conviction for the prescribed 9
offence; 10
(e) other appropriate matters. 11
(2) The court must give the organisation concerned an opportunity to be 12
heard on the application. 13
PART 8--MEMBERSHIP OF ORGANISATIONS 14
to membership 15
Entitlement
81. A person may be a member of an organisation if the person-- 16
(a) by the nature of the person's occupation or employment, engages 17
in a calling for which the organisation is registered; and 18
(b) complies with the organisation's rules; and 19
(c) is not of general bad character. 20
46 Section 77 (Application for leave to hold office by prospective candidate for
office)
Section 78 (Application for leave to hold office in organisation by office holder)
s 82 72 s 82
Industrial Organisations
and officers registers 1
Members
82.(1) An organisation must keep a members register and an officers 2
register for each year. 3
Maximum penalty--40 penalty units. 4
(2) An organisation must keep its members and officers registers in the 5
form of a book or other writing.47 6
Maximum penalty--40 penalty units. 7
(3) An organisation must record the following particulars for a member 8
in its members register-- 9
(a) the member's name; 10
(b) if the member is an individual--where the member ordinarily 11
lives; 12
(c) if the member is an individual and, at the day of becoming a 13
member or renewing membership, the member is living at 14
another place than where the member ordinarily lives--the place; 15
(d) if a corporation is an employer organisation member--its 16
registered office; 17
(e) the day the member becomes a member; 18
(f) if a member stops being a member during the year for which the 19
register is kept--the day the membership stopped. 20
Maximum penalty--40 penalty units. 21
(4) An organisation must record the following particulars for an officer 22
in its officers register-- 23
(a) the officer's name; 24
(b) where the officer ordinarily lives; 25
(c) the day the officer is declared elected; 26
47 Under the Acts Interpretation Act 1954, s 36, definition "writing", that term
means any mode of representing or reproducing words in a visible form.
s 83 73 s 83
Industrial Organisations
(d) if a person stops being an officer during the year for which the 1
register is kept--the day the person stopped being an officer. 2
Maximum penalty--40 penalty units. 3
(5) An organisation with more than 100 members must keep-- 4
(a) the names of its members in its members register alphabetically; 5
or 6
(b) an alphabetical index of its members or former member's names, 7
in a loose leaf, computer print-out or card index form. 8
Maximum penalty--40 penalty units. 9
(6) If an organisation contravenes this section, its president and secretary 10
(an "officer") each commit an offence, namely the offence of failing to 11
ensure that the organisation complies with the provision. 12
Maximum penalty--40 penalty units. 13
(7) However, it is a defence for an officer to prove-- 14
(a) if the officer was in a position to influence the conduct of the 15
organisation in relation to the offence, the officer exercised 16
reasonable diligence to ensure the organisation complied with the 17
provision; or 18
(b) the officer was not in a position to influence the conduct of the 19
organisation in relation to the offence. 20
registers 21
Filing
83.(1) This section applies if an organisation has not been exempted 22
from this section under section 84. 23
(2) The organisation must file a copy of its members and officers 24
registers as at the filing date, with the registrar within-- 25
(a) 7 days after the organisation is registered; or 26
(b) a longer period allowed by the commission. 27
Maximum penalty--40 penalty units. 28
(3) The organisation must-- 29
s 84 74 s 84
Industrial Organisations
(a) file with the registrar by 31 March in each year, or a later day 1
allowed by the registrar, a copy of its members and officers 2
registers as at 31 December immediately before the filing date; 3
and 4
(b) within 30 days of the appointment or resignation of an officer 5
give the registrar notice of the appointment or resignation. 6
Maximum penalty--40 penalty units. 7
(4) If an organisation contravenes this section, its president and secretary 8
(an "officer") each commit a continuing offence, namely the offence of 9
failing to ensure the organisation complies with the provision. 10
Maximum penalty--40 penalty units. 11
(5) However, it is a defence for an officer to prove-- 12
(a) if the officer was in a position to influence the conduct of the 13
organisation in relation to the offence, the officer exercised 14
reasonable diligence to ensure the organisation complied with the 15
provision; or 16
(b) the officer was not in a position to influence the conduct of the 17
organisation in relation to the offence. 18
from filing members register etc. 19
Exemption
84.(1) The registrar may give an exemption from filing a members 20
register under section 83 to an organisation if the registrar is satisfied the 21
organisation's members register is maintained for members under 22
section 82. 23
(2) An exemption may apply to an organisation or branch. 24
(3) While an exemption remains in force-- 25
(a) if it is for an organisation--section 83 does not apply to the 26
organisation; or 27
(b) if it is for a branch of an organisation--section 83 applies to the 28
organisation as if-- 29
(i) the part of the members register for the branch did not form 30
part of the organisation's members register; and 31
s 85 75 s 85
Industrial Organisations
(ii) the members or officers of the branch were not members of 1
the organisation. 2
(4) The registrar may cancel an exemption by notice given to the 3
organisation if the registrar decides-- 4
(a) the part of the members register to which an exemption relates, is 5
no longer maintained under section 82;48 or 6
(b) the organisation has refused or failed to give the registrar 7
information or facilities required by the registrar to decide 8
whether the exemption should be continued. 9
(5) If an exemption is cancelled, the organisation must file with the 10
registrar within 30 days after the cancellation or a longer period allowed by 11
the registrar-- 12
(a) a copy of its members register as at the filing date; or 13
(b) if the exemption related to a branch--a copy of the part of the 14
members register for the branch. 15
Maximum penalty--40 penalty units. 16
(6) If an organisation contravenes this section, its president and secretary 17
(an "officer") each commit a continuing offence, namely the offence of 18
failing to ensure the organisation complies with the provision. 19
Maximum penalty--40 penalty units. 20
(7) However, it is a defence for an officer to prove-- 21
(a) if the officer was in a position to influence the conduct of the 22
organisation in relation to the offence, the officer exercised 23
reasonable diligence to ensure the organisation complied with the 24
provision; or 25
(b) the officer was not in a position to influence the conduct of the 26
organisation in relation to the offence. 27
of registers by commission 28
Rectification
85.(1) The commission may, of its own initiative, order any rectification 29
48 Section 82 (Members and officers registers)
s 86 76 s 86
Industrial Organisations
of the organisation's members or officers registers it considers necessary to 1
correctly record the organisation's members and officers under section 82. 2
(2) However, the commission must give the organisation an opportunity 3
to be heard before making the order. 4
(3) If the commission makes an order under subsection (1), the register 5
and the copy of the register filed with the registrar must be rectified as 6
required by the order. 7
(4) The order is taken to be directed to and binds-- 8
(a) the organisation; and 9
(b) the organisation's president; and 10
(c) the organisation's secretary. 11
(5) If the register is not rectified as required by the order, each person 12
bound by the order is taken to have contravened the order. 13
access to registers 14
Registrar's
86.(1) When an organisation's office is open for business, its members 15
and officers registers and membership index, if required under 16
section 82(5),49 must be open for inspection at the office by-- 17
(a) the registrar, or a person with the registrar's written authorisation; 18
or 19
(b) the organisation's members, or a person with a member's written 20
authorisation. 21
(2) The registrar may give a written direction to an organisation to deliver 22
its members or officers registers and membership index, if required under 23
section 82(5)-- 24
(a) to the registrar, or a stated person; and 25
(b) at a stated time and place. 26
(3) However, a direction may be given only if a register or the index are 27
required-- 28
49 Section 82 (Members and officers registers)
s 87 77 s 88
Industrial Organisations
(a) to take a ballot under this Act; or 1
(b) under a court or commission order. 2
(4) A direction is directed to and binds-- 3
(a) the organisation; and 4
(b) the organisation's president; and 5
(c) the organisation's secretary. 6
(5) A person bound by a direction must not contravene the direction. 7
Maximum penalty--40 penalty units. 8
to keep union ticket butts 9
Organisations
87.(1) An organisation must-- 10
(a) keep butts of all union tickets issued to its members in the 11
previous year; and 12
(b) ensure the following particulars about a member are stated on the 13
butt for the member-- 14
(i) where the member ordinarily lives; 15
(ii) if, when the ticket for the butt is issued, the member is living 16
at another place--the place. 17
Maximum penalty--40 penalty units. 18
(2) In this section-- 19
"butt", of a union ticket, means a duplicate original or copy of the union 20
ticket issued to a member of an organisation. 21
"union ticket" means a document issued by an organisation 22
acknowledging that a person has paid a subscription, dues or other 23
money for membership or membership renewal of the organisation. 24
organisation membership 25
Resigning
88.(1) This section applies despite an organisation's rules. 26
(2) A member of an organisation may resign from membership of the 27
organisation under this section or the organisation's rules. 28
s 89 78 s 90
Industrial Organisations
(3) The member's membership ends if the member gives the 1
organisation a notice stating the member resigns from the organisation.50 2
(4) The notice is taken to be given if it is-- 3
(a) left at the organisation's registered office; or 4
(b) sent to the organisation.51 5
(5) The membership ends-- 6
(a) if the notice states a day or time after the giving of the notice 7
when the resignation takes effect--on the day or time; or 8
(b) otherwise--when the notice is given. 9
if subscription unpaid for 1 year and no renewal 10
Resignation
89.(1) A member of an organisation is taken to have resigned from the 11
organisation if the member has not-- 12
(a) paid a membership subscription for the organisation within 1 year 13
of when the subscription first became payable; and 14
(b) renewed the membership. 15
(2) This section applies despite an organisation's rules. 16
objection to organisation membership 17
Conscientious
90.(1) A person may apply for an exemption from membership of an 18
employee organisation because of the person's conscientious beliefs. 19
(2) The application for exemption must be made to a magistrate or the 20
registrar. 21
(3) On receiving the application, the magistrate or registrar must 22
immediately-- 23
(a) set a time and place to interview the applicant; and 24
50 The notice must be in writing. See section 288 (Notices and applications to be
written)
51 This includes sending it by post, telex, facsimile or similar facility to the
organisation's registered office. See the Acts Interpretation Act 1954,
section 39(1) and (2) (Service of documents).
s 90 79 s 90
Industrial Organisations
(b) give at least 2 days notice of the interview to-- 1
(i) the applicant; and 2
(ii) the employee organisation the magistrate or registrar 3
considers is the appropriate organisation for the calling in 4
which the applicant is, or is seeking to be, employed. 5
(4) Only the following persons may attend the interview-- 6
(a) the magistrate or registrar; 7
(b) the applicant; 8
(c) 1 member or officer of the employee organisation. 9
(5) At the interview the member or officer of the employee organisation 10
may-- 11
(a) ask the applicant relevant questions; and 12
(b) make submissions to the magistrate or registrar. 13
(6) The magistrate or registrar must give the exemption and issue the 14
applicant with an exemption certificate in the form in the rules of court if-- 15
(a) satisfied the applicant genuinely holds conscientious beliefs; and 16
(b) the applicant has paid the same amount as the membership 17
subscription of the employee organisation to the registrar of the 18
Magistrates Court or the registrar's office. 19
(7) No appeal lies from the magistrates or registrar's decision about a 20
person's conscientious beliefs. 21
(8) An exemption certificate lasts for 1 year from the day stated in the 22
certificate. 23
(9) The amount paid to the registrar of the Magistrates Court or the 24
registrar's office must be paid to the consolidated fund. 25
(10) In this section-- 26
"conscientious beliefs" means an individual's beliefs based on the 27
individual's moral values or fundamental religious beliefs, but does 28
not include beliefs founded wholly or principally on objections to the 29
policies of an organisation or organisations generally. 30
s 91 80 s 91
Industrial Organisations
about exemption certificate holders 1
Conduct
91.(1) This section applies-- 2
(a) if a person (an "exempted person") holds a current exemption 3
certificate; and 4
(b) despite another provision of this part, part 14, an Act, award, 5
industrial agreement, certified agreement or EFA. 6
(2) An employer must not-- 7
(a) refuse the exempted person employment because the person is 8
not an organisation member; or 9
(b) dismiss the exempted person or change the exempted person's 10
employment to the person's disadvantage because the person is 11
not an organisation member; or 12
(c) threaten to do any of the following to the exempted person with 13
intent to force the person to become an organisation member-- 14
(i) dismiss the person; 15
(ii) injure the person's employment; 16
(iii) change the person's employment to the person's 17
disadvantage. 18
Maximum penalty-- 19
(a) if the contravention continues and is charged as a continuing 20
offence--27 penalty units for each day the contravention 21
continues; or 22
(b) otherwise--27 penalty units. 23
(3) A person must not cause an exempted person to gain an advantage or 24
suffer a detriment that the exempted person would not have gained or 25
suffered if the exempted person were an organisation member. 26
Maximum penalty-- 27
(a) if the contravention continues and is charged as a continuing 28
offence--27 penalty units for each day the contravention 29
continues; or 30
(b) otherwise--27 penalty units. 31
s 92 81 s 92
Industrial Organisations
(4) An organisation must not-- 1
(a) advise, encourage or incite an employer to take action that would 2
contravene subsection (2) or (3); or 3
(b) take or threaten industrial action about an employer with intent to 4
force the employer to take action that would contravene 5
subsection (2) or (3); or 6
(c) take or threaten action having the direct or indirect effect of 7
prejudicing an exempted person's employment with intent to 8
force the person to become an organisation member. 9
Maximum penalty-- 10
(a) if the contravention continues and is charged as a continuing 11
offence--135 penalty units for each day the contravention 12
continues; or 13
(b) otherwise--135 penalty units. 14
(5) An offence against subsection (2), (3) or (4) that continues from day 15
to day is a continuing offence. 16
provision for s 91 17
Evidentiary
92.(1) This section applies to an action or a threat of action taken by the 18
following-- 19
(a) the management committee of an organisation or a branch of the 20
organisation, or at the management committee's instigation; 21
(b) an officer, employee or agent of an organisation or branch of the 22
organisation, acting in that capacity; 23
(c) a group of members of an organisation; 24
(d) a member of an organisation dealing with an employer on behalf 25
of members of the organisation. 26
(2) For section 91-- 27
(a) the taking of the action or the making of the threat is evidence that 28
the action or threat was taken or made by the organisation; and 29
(b) the intent of the person who took or instigated the action or made 30
or instigated the threat is evidence of the organisation's intent. 31
s 93 82 s 94
Industrial Organisations
may decide membership disputes 1
Court
93.(1) The court may decide questions or disputes for an organisation 2
about the following-- 3
(a) whether a person is, or may be, a member of the organisation; 4
(b) the qualifications or character of a membership applicant; 5
(c) the reasonableness of an admission fee, subscription, fine or levy, 6
or other requirement of its members under its rules. 7
(2) On a hearing of a question or dispute the court may do any of the 8
following-- 9
(a) decide that an applicant for membership may be a member of the 10
organisation; 11
(b) direct that the applicant be admitted immediately to membership; 12
(c) declare that a person is or is not a member of the organisation; 13
(d) direct that the organisation's rules be amended or annulled to 14
conform with what the court declares to be reasonable. 15
(3) If the court directs that an organisation's rules be amended or 16
annulled, they are taken to have been so amended or annulled when the 17
direction is given. 18
about membership 19
Offences
94.(1) An organisation must not-- 20
(a) admit to its membership a person who may be a member under 21
section 8152-- 22
(i) within 3 months of the person applying to be a member; or 23
(ii) if a question or dispute has within that 3 months been 24
referred to the court for decision under section 9353--within 25
1 month of the court deciding the person may be a member; 26
or 27
52 Section 81 (Entitlement to membership)
53 Section 93 (Court may decide membership disputes)
s 95 83 s 95
Industrial Organisations
(b) give a union ticket within 1 month to a person who-- 1
(i) may be a member, or may remain a member, under 2
section 81;54 and 3
(ii) complies with the organisation's rules for membership or 4
membership renewal. 5
Maximum penalty--100 penalty units and, in addition, 2 penalty units for 6
each day when the failure forming the offence continues. 7
(2) An offence against subsection (1) that continues from day to day is a 8
continuing offence. 9
(3) In this section-- 10
"union ticket" means a document issued by an organisation 11
acknowledging that a named person is a member of the organisation. 12
under 18 13
Members
95.(1) A person under 18 years-- 14
(a) may be a member of an organisation, unless its rules provide 15
otherwise; and 16
(b) if the person is an organisation member, the person-- 17
(i) has the rights of an organisation member under this part and 18
the organisation's rules; and 19
(ii) may execute instruments and give receipts under an 20
organisation's rules. 21
(2) However, a person under 18 years may not be a management 22
committee member, trustee or treasurer of an organisation. 23
54 Section 81 (Entitlement to membership)
s 96 84 s 96
Industrial Organisations
PART 9--AMALGAMATING INDUSTRIAL 1
ORGANISATIONS 2
1--Preliminary 3
Division
for pt 9 4
Definitions
96. In this part-- 5
"alternative ballot" see section 107(1).55 6
"alternative provision" means a provision of a scheme of a kind 7
mentioned in section 101(1).56 8
"amalgamated organisation", for a completed amalgamation, means the 9
organisation that members of the deregistered organisations have 10
become members of under section 142(d).57 11
"amalgamation day" see section 141(1).58 12
"amalgamation hearing" see section 118(2).59 13
"approving organisation" means an existing organisation whose 14
members approve an alternative provision. 15
"authorised person", for an amalgamated organisation, means-- 16
(a) the amalgamated organisation's secretary; or 17
(b) a person with the amalgamated organisation's management 18
committee's written authority. 19
"ballot", for a proposed amalgamation, other than in section 134(1),60 20
means a ballot of the members of an organisation about whether to 21
approve the proposed amalgamation under this part. 22
55 Section 107 (Application for alternative ballot)
56 Section 101 (Alternative schemes)
57 Section 142 (Action on amalgamation)
58 Section 141 (Fixing amalgamation day)
59 Section 118 (Amalgamation hearing)
60 Section 134 (Ballot exemption--recognising federal ballot)
s 96 85 s 96
Industrial Organisations
"ballot application" see section 104(2).61 1
"ballot conditions" see section 120(1).62 2
"ballot exemption" see section 106(1).63 3
"community of interest declaration" means a declaration under 4
section 103.64 5
"completed amalgamation" means a proposed amalgamation that has had 6
effect. 7
"deregistered organisation", for a completed amalgamation, means an 8
organisation that has been deregistered under this part. 9
"deregistration", for an organisation, means the cancellation of its 10
registration. 11
"existing organisation" means an organisation concerned in a proposed 12
amalgamation. 13
"federation" see section 98(1).65 14
"finishing day", for a ballot, means the day fixed under section 12366 as 15
the ballot's finishing day. 16
"instrument" means an instrument of any kind and includes, for example, 17
the following whether made orally or in writing and whether express 18
or implied-- 19
(a) a contract, deed, undertaking or agreement; 20
(b) a mandate, instruction, notice, authority or order; 21
(c) a lease, licence, transfer, conveyance or other assurance; 22
(d) a guarantee, bond, power of attorney, bill of lading, negotiable 23
instrument or order for the payment of money; 24
61 Section 104 (Application to submit proposal to a ballot)
62 Section 120 (Ballot approval not extending eligibility rules etc.)
63 Section 106 (Application for exemption from holding ballot)
64 Section 103 (Community of interest declaration)
65 Section 98 (Federations)
66 Section 123 (Fixing ballot period)
s 96 86 s 96
Industrial Organisations
(e) a mortgage, lien or security. 1
" `no' case" see section 126(1).67 2
"proposed alternative amalgamation", for a proposed amalgamation, 3
means a proposed amalgamation under an alternative provision. 4
"proposed amalgamated organisation", for a proposed amalgamation, 5
means the existing organisation or proposed organisation that 6
members of the proposed deregistering organisations propose to 7
become members of under this part. 8
"proposed amalgamation" means the proposed carrying out of 9
arrangements for 2 or more organisations or associations under 10
which-- 11
(a) an organisation is, or 2 or more organisations are, to be 12
deregistered under this part; and 13
(b) members of the organisation or organisations to be deregistered 14
are to become members of another organisation, whether existing 15
or proposed. 16
"proposed deregistering organisation", for a proposed amalgamation, 17
means an organisation that is to be deregistered under this part as part 18
of the amalgamation. 19
"proposed principal amalgamation", for a proposed amalgamation, 20
means-- 21
(a) if the amalgamation scheme has an alternative provision--the 22
amalgamation proposed under the scheme, other than under the 23
alternative provision; or 24
(b) otherwise--the proposed amalgamation. 25
"scheme" means a scheme under section 100(1).68 26
"scheme outline" means an outline of a scheme under section 104.69 27
67 Section 126 (`No' cases)
68 Section 100 (Amalgamation scheme)
69 Section 104 (Application to submit proposal to a ballot)
s 97 87 s 97
Industrial Organisations
"starting day", for a ballot, means the day fixed under section 12370 as the 1
ballot's starting day. 2
" `yes' case" see section 125(1).71 3
amalgamation procedure 4
Proposed
97.(1) The procedure under this part is the only procedure that may be 5
used to carry out a scheme for a proposed amalgamation. 6
(2) If the commission is asked to do an act it considers is to carry out or 7
to help in carrying out a proposed amalgamation, the commission may do 8
the act only under this part. 9
(3) The commission may make an order or give a direction to resolve a 10
difficulty or likely difficulty in carrying out a scheme for a proposed 11
amalgamation. 12
(4) The order or direction-- 13
(a) is subject to a court order; and 14
(b) applies despite anything in-- 15
(i) a regulation or rules of court; or 16
(ii) the rules of an organisation or an association proposed to be 17
registered as an organisation. 18
(5) In this section-- 19
"act" includes-- 20
(a) registering an organisation; and 21
(b) deregistering an organisation; and 22
(c) consenting to an organisation changing its name or eligibility 23
rules. 24
70 Section 123 (Fixing ballot period)
71 Section 125 (Filing `yes' case)
s 98 88 s 98
Industrial Organisations
1
Federations
98.(1) Existing organisations may jointly apply to the commission for 2
recognition as a federation (a "federation"). 3
(2) The application must-- 4
(a) be filed with the registrar before the existing organisations make a 5
ballot application for a proposed amalgamation; and 6
(b) include the particulars prescribed under a regulation. 7
(3) The commission must allow the application if satisfied the existing 8
organisations intend to make a ballot application for the proposed 9
amalgamation within the period prescribed under a regulation. 10
(4) If the application is allowed, the registrar must enter the particulars 11
prescribed under a regulation for the federation in the register. 12
(5) A federation may represent its constituent members under this Act 13
after it is registered. 14
(6) However-- 15
(a) an organisation belonging to a federation may still represent itself 16
or its members; and 17
(b) a federation may not become a party to an award or certified 18
agreement. 19
(7) A federation may, with the commission's approval, amend its 20
composition to-- 21
(a) if another organisation intends to become concerned in the 22
proposed amalgamation--include the organisation; or 23
(b) release an organisation from the federation. 24
(8) A federation ends-- 25
(a) on the amalgamation day for the proposed amalgamation; or 26
(b) if a ballot application for the proposed amalgamation is not made 27
within the period prescribed under a regulation--on the day after 28
that period; or 29
s 99 89 s 100
Industrial Organisations
(c) if a full bench decides, on an application by a person prescribed 1
under a regulation, that the achievement of an object of this Act is 2
being prevented by the industrial conduct of the federation or any 3
of its members--on the day the decision is made. 4
resources for proposed amalgamation 5
Using
99.(1) An existing organisation for a proposed amalgamation may use its 6
financial and other resources to support the proposed principal 7
amalgamation and any proposed alternative amalgamation before the 8
finishing day of the ballot for the proposed amalgamation if-- 9
(a) its management committee has resolved to do so; and 10
(b) the committee has given reasonable notice of its resolution to the 11
organisation's members. 12
(2) Subsection (1) does not limit an existing organisation's other powers 13
to use its financial and other resources for the proposed amalgamation. 14
2--Starting amalgamation procedure 15
Division
scheme 16
Amalgamation
100.(1) There must be a written scheme for every proposed 17
amalgamation. 18
(2) The scheme must state the following-- 19
(a) the general nature of the amalgamation, showing-- 20
(i) the existing organisations; and 21
(ii) if an existing organisation is the proposed amalgamated 22
organisation--that fact; and 23
(iii) if an association proposed to be registered as an organisation 24
is the proposed amalgamated organisation--that fact and its 25
name; and 26
(iv) the organisations that are proposed to be deregistered; 27
(b) if it is proposed to change an existing organisation's 28
name--particulars of the proposed change; 29
s 101 90 s 102
Industrial Organisations
(c) if it is proposed to amend an existing organisation's eligibility or 1
other rules--particulars of the proposed amendments; 2
(d) if an association is proposed to be registered as an 3
organisation--its eligibility and other rules; 4
(e) other matters prescribed under a regulation. 5
(3) Subsection (2) does not limit the matters a scheme may have. 6
schemes 7
Alternative
101.(1) A scheme for a proposed amalgamation of 3 or more existing 8
organisations may include a provision (an "alternative provision") for an 9
amalgamation of 2 or more approving organisations if-- 10
(a) the members of 1 or more of the existing organisations do not 11
approve the amalgamation; and 12
(b) 2 or more approving organisations approve, in the alternative, the 13
amalgamation so far as it involves-- 14
(i) the other approving organisations; or 15
(ii) 2 or more of the other approving organisations; and 16
(c) if 1 of the existing organisations is the proposed amalgamated 17
organisation--that organisation is 1 of the approving 18
organisations. 19
(2) An alternative provision must show details of the differences 20
between-- 21
(a) the proposed principal amalgamation and each proposed 22
alternative amalgamation for the proposed amalgamation; and 23
(b) a proposed organisation's rules, and proposed amendments to the 24
existing organisations' rules, under-- 25
(i) the proposed principal amalgamation; and 26
(ii) each proposed alternative amalgamation. 27
committee approval 28
Management
102.(1) A scheme for a proposed amalgamation and any changes to the 29
s 103 91 s 103
Industrial Organisations
scheme must be approved by every organisation that the scheme concerns. 1
(2) The approval may only be given by the organisations' management 2
committees. 3
(3) Management committee approval must be by resolution. 4
(4) Despite an existing organisation's rules, the following are taken to 5
have been made under its rules if approved by its management committee's 6
resolution-- 7
(a) a scheme; 8
(b) a scheme amendment; 9
(c) any proposed amendment of its rules in a scheme. 10
of interest declaration 11
Community
103.(1) Existing organisations may jointly apply to the commission for a 12
declaration under this section. 13
(2) The application must be filed with the registrar before or with the 14
ballot application for the proposed amalgamation. 15
(3) If the application is filed before the ballot application, the 16
commission-- 17
(a) must immediately fix a time and place to hear submissions on the 18
application; and 19
(b) must promptly notify all the existing organisations of the fixed 20
time and place; and 21
(c) may advise another person likely to be interested of the fixed time 22
and place. 23
(4) A submission at a hearing may only be made by the applicant. 24
(5) However, another person may make a submission at a hearing if-- 25
(a) the submission is about a matter prescribed under a regulation; 26
and 27
(b) the commission consents. 28
s 103 92 s 103
Industrial Organisations
(6) If after a hearing under this section or section 118,72 the commission 1
is satisfied there is a community of interest between the existing 2
organisations about their industrial interests, it must declare to that effect. 3
(7) A declaration ends if-- 4
(a) the application for the declaration was filed before a ballot 5
application for the proposed amalgamation is filed; and 6
(b) a ballot application for the proposed amalgamation is not filed 7
within 6 months after the declaration. 8
(8) The commission may revoke a declaration if satisfied there is no 9
longer a community of interest between the existing organisations about 10
their industrial interests. 11
(9) For the purposes of subsection (6), there is a community of interest 12
between existing organisations about their industrial interests if-- 13
(a) a substantial number of members of 1 of the organisations are-- 14
(i) eligible to become members of the other organisation or 15
each of the other organisations; or 16
(ii) engaged in the same work or industry or in aspects of the 17
same or similar work or industry as members ("other 18
members") of the other organisation or each of the other 19
organisations; or 20
(iii) bound by the same awards, industrial agreements, certified 21
agreements or EFA's as other members; or 22
(iv) engaged in work or in industries for which there is a 23
community of interest with other members; or 24
(v) for an employee organisation--employed in the same or 25
similar work by employers engaged in the same industry as 26
other members; or 27
(b) the commission is otherwise satisfied that there is a community 28
of interest. 29
72 Section 118 (Amalgamation hearing)
s 104 93 s 105
Industrial Organisations
to submit proposal to a ballot 1
Application
104.(1) Existing organisations for a proposed amalgamation and any 2
association proposed to be registered as an organisation under the 3
amalgamation must jointly apply to the commission for approval to submit 4
the proposed amalgamation to a ballot. 5
(2) The ballot application ("ballot application") must be-- 6
(a) filed with the registrar; and 7
(b) accompanied by-- 8
(i) a copy of the scheme for the proposed amalgamation; and 9
(ii) a written scheme outline. 10
(3) The scheme outline must-- 11
(a) be no more than-- 12
(i) 3 000 words; or 13
(ii) if a greater number of words is allowed under 14
section 13273--that number; and 15
(b) give enough information to allow existing organisation members 16
to make an informed decision about the scheme. 17
office after amalgamation 18
Holding
105.(1) This section applies to a proposed amalgamated organisation's 19
rules. 20
(2) Despite section 25,74 the rules may allow an officer (an "existing 21
officer") of a proposed deregistering or existing organisation who holds 22
office immediately before the amalgamation day to be an officer of the 23
proposed amalgamated organisation. 24
(3) However, the rules must not allow the existing officer to hold office 25
in the amalgamated organisation without an ordinary election for more than 26
the longer of-- 27
73 Section 132 (Scheme outlines)
74 Section 25 (Rules for elections and ballots)
s 106 94 s 107
Industrial Organisations
(a) the existing officer's unexpired term immediately before the 1
amalgamation day; or 2
(b) 2 years from the amalgamation day. 3
(4) The rules must make reasonable provisions for synchronising 4
elections under subsection (3) with elections for other offices in the 5
organisation. 6
(5) Section 2775 does not apply to an office in an amalgamated 7
organisation held by an existing officer. 8
(6) Section 2876 applies to an office in an amalgamated organisation held 9
by an existing officer of a deregistered organisation. 10
for exemption from holding ballot 11
Application
106.(1) A proposed amalgamated organisation for a proposed 12
amalgamation may apply to the commission for an exemption (a "ballot 13
exemption") from the requirement to hold a ballot for the amalgamation. 14
(2) The application must be filed with the registrar together with the 15
ballot application for the amalgamation. 16
for alternative ballot 17
Application
107.(1) An existing organisation may apply to the commission to 18
approve a proposed ballot (an "alternative ballot") that is not conducted 19
under section 13677 for the amalgamation. 20
(2) The application must be filed with the registrar together with the 21
ballot application for the amalgamation. 22
(3) The alternative ballot must provide for the following-- 23
(a) the ballot is to be-- 24
(i) a secret ballot of the organisation's members; and 25
(ii) held at duly formed member's meetings; and 26
75 Section 27 (Rules about office terms)
76 Section 28 (Rules may allow filling casual vacancies)
77 Section 136 (Members' secret postal ballot)
s 108 95 s 109
Industrial Organisations
(iii) carried out by the electoral commission unless the 1
commission exempts the organisation from section 108; and 2
(iv) otherwise held under this Act; 3
(b) members are to be given at least 21 days notice of the meetings, 4
the things to be considered at the meetings and their entitlement to 5
an absentee vote; 6
(c) the distribution or publication of the scheme outline and the `yes' 7
and `no' cases under section 130;78 8
(d) absentee voting. 9
3--Conduct of ballots 10
Division
commission to conduct ballot 11
Electoral
108.(1) A ballot for a proposed amalgamation must be conducted by the 12
electoral commission. 13
(2) However, subsection (1) does not apply to a ballot if the commission 14
has given an exemption for the ballot under section 111.79 15
for exemption from s 108 16
Application
109.(1) An existing organisation's management committee may file in 17
the registrar's office an application for the organisation to be exempted from 18
section 10880 for a ballot for a proposed amalgamation. 19
(2) An application may only be made if the management committee 20
has-- 21
(a) resolved to make the application; and 22
(b) notified the organisation's members of the making of the 23
resolution as prescribed under a regulation. 24
78 Section 130 (`Yes' and `no' cases to be sent to voters)
79 Section 111 (Commission may give exemption from s 108)
80 Section 108 (Electoral commission to conduct ballot)
s 110 96 s 111
Industrial Organisations
(3) The application must be accompanied by an affidavit by a member of 1
the management committee stating subsection (2) has been complied with. 2
(4) On the filing of an application, the registrar must publish, as 3
prescribed under a regulation, a notice stating details of the application. 4
to application for exemption 5
Objections
110.(1) A member of an existing organisation for which an application is 6
made under section 109(1)81 may object to it. 7
(2) The commission must hear the application and properly made 8
objections in the way prescribed under a regulation. 9
may give exemption from s 108 10
Commission
111.(1) This section applies if an application for an exemption for an 11
existing organisation has been filed under section 109(1) and properly made 12
objections to the application have been heard. 13
(2) The commission may exempt the organisation from section 108(1)82 14
for a ballot for a proposed amalgamation if satisfied-- 15
(a) if the organisation or branch were to be exempted from 16
section 108(1)--the ballot would be conducted in a way that 17
would give members who have the right to vote at the ballot an 18
adequate opportunity of voting without intimidation; and 19
(b) if an exemption has been given to the organisation under this 20
section or section 5083--the organisation or branch has not 21
contravened section 51 or 112.84 22
(3) The commission may cancel an exemption given to an organisation 23
if-- 24
81 Section 109 (Application for exemption from s 108)
82 Section 108 (Electoral commission to conduct ballot)
83 Section 50 (Commission may give exemption from s 47)
84 Section 51 (Duties of organisation or branch if exemption given)
Section 112 (Duties of organisation if exemption given)
s 112 97 s 112
Industrial Organisations
(a) the organisation's management committee applies for its 1
cancellation; or 2
(b) the commission-- 3
(i) is no longer satisfied as required by subsection (2); and 4
(ii) has given the organisation's management committee an 5
opportunity, as prescribed under a regulation, to show cause 6
why the exemption should not be cancelled; or 7
(c) an exemption has been given to the organisation under this 8
section or section 5085-- 9
(i) the organisation contravenes section 51 or 112;86 or 10
(ii) a returning officer has contravened section 52 or 11387 for a 11
ballot conducted under the exemption. 12
of organisation if exemption given 13
Duties
112.(1) This section applies if an organisation has been exempted from 14
section 108(1)88 for a ballot for a proposed amalgamation. 15
(2) Before holding a ballot the organisation must-- 16
(a) appoint a returning officer, who is not an employee, member or 17
officer of an existing or proposed organisation, to conduct the 18
ballot; and 19
(b) give the registrar-- 20
(i) notice of the returning officer's name; and 21
(ii) a statutory declaration sworn by the returning officer stating 22
the returning officer is not an employee, member or officer 23
of an existing organisation for the amalgamation; and 24
85 Section 50 (Commission may give exemption from s 47)
86 Section 51 (Duties of organisation or branch if exemption given)
Section 112 (Duties of organisation if exemption given)
87 Section 52 (Election result report)
Section 113 (Ballot result report)
88 Section 108 (Electoral commission to conduct ballot)
s 113 98 s 115
Industrial Organisations
(c) obtain the registrar's written approval of the returning officer's 1
appointment. 2
(3) A contravention of this section does not invalidate a ballot to which 3
the exemption applies. 4
result report 5
Ballot
113.(1) Within 14 days after the declaration of the result of a ballot, a 6
written ballot result report containing the particulars prescribed under a 7
regulation must be given to the registrar by-- 8
(a) if the electoral commission conducted the ballot--the electoral 9
commission; or 10
(b) otherwise--the returning officer appointed by the organisation for 11
which the ballot was held. 12
(2) A contravention of this section does not invalidate a ballot to which 13
the exemption applies. 14
to electoral commission 15
Notice
114.(1) If the registrar receives an application for a ballot for a proposed 16
amalgamation, the registrar must immediately notify the electoral 17
commission. 18
(2) After it is notified, the electoral commission must immediately take 19
the action it considers necessary or desirable to hold the ballot as quickly as 20
possible. 21
information and documents to electoral officers 22
Providing
115.(1) This section applies if-- 23
(a) the registrar has notified the electoral commission of an 24
application for a ballot for a proposed amalgamation; and 25
(b) the electoral commission has authorised in writing an electoral 26
officer for the ballot; and 27
(c) the electoral officer considers information within the knowledge 28
or possession of an officer of an existing organisation or 29
s 115 99 s 115
Industrial Organisations
documents in the officer's custody or control or to which the 1
officer has access, are reasonably necessary for a ballot that is or 2
may be required because of the application. 3
(2) The electoral officer may, by notice, require the officer to-- 4
(a) give information to the officer within the officer's knowledge or 5
possession; and 6
(b) make available documents to the officer that the officer has-- 7
(i) custody or control of; or 8
(ii) to which the officer has access. 9
(3) The notice must state-- 10
(a) if it requires the officer to give information-- 11
(i) the information required; and 12
(ii) a period in which it is to be given of no less than 7 days; and 13
(iii) a reasonable way of giving it; and 14
(b) if it requires the officer to produce or make documents 15
available-- 16
(i) the documents required; and 17
(ii) a reasonable period in which they are to be produced or 18
made available; and 19
(iii) a reasonable place at which they are to be produced or made 20
available. 21
(4) The officer must not contravene the notice without reasonable excuse. 22
Maximum penalty--40 penalty units. 23
(5) It is a reasonable excuse for the officer not to comply with a notice 24
under subsection (2) if doing so might tend to incriminate the officer. 25
(6) In this section-- 26
"officer" of an existing organisation includes an employee of the 27
organisation. 28
s 116 100 s 117
Industrial Organisations
expenses under pt 9 1
Ballot
116.(1) Expenses of a ballot for a proposed amalgamation conducted by 2
the electoral commission under this part are payable by the organisation for 3
which the ballot was held. 4
(2) The organisation must pay the State the expenses within 1 month 5
after receiving a written request from the electoral commission to do so. 6
(3) The amount payable by an organisation under this section may be 7
recovered by the State as a debt payable to it. 8
(4) Despite subsections (1) to (3), the court may order the State to pay all 9
or part of the expenses of a ballot if-- 10
(a) the ballot was ordered under section 139;89 and 11
(b) the order was made because of an irregularity caused by the 12
electoral commission. 13
records to be kept 14
Ballot
117.(1) This section applies-- 15
(a) if a ballot is held under this part; and 16
(b) despite the rules of an organisation or branch. 17
(2) A responsible person for the ballot must do everything necessary to 18
ensure all ballot records for the ballot are kept for 1 year after the ballot 19
by-- 20
(a) if the ballot is conducted by the electoral commission--the 21
electoral commission; or 22
(b) otherwise--the organisation or branch. 23
Maximum penalty--40 penalty units. 24
(3) In this section-- 25
"responsible person" means-- 26
(a) for a ballot conducted by the electoral commission--the electoral 27
commission; or 28
89 Section 139 (Irregularity inquiries)
s 118 101 s 118
Industrial Organisations
(b) otherwise-- 1
(i) the returning officer for the ballot; or 2
(ii) the organisation or branch; or 3
(iii) an officer of the organisation or branch who performs a 4
function in relation to the records. 5
Division 4--Amalgamation approval procedure 6
hearing 7
Amalgamation
118.(1) This section applies if an application for a proposed 8
amalgamation is filed under section 104.90 9
(2) The commission must immediately fix a time and place for a hearing 10
(an "amalgamation hearing") to hear submissions about-- 11
(a) the application; and 12
(b) if a community of interest declaration application was filed with 13
the application--making a declaration for the amalgamation; and 14
(c) if a ballot exemption was applied for--giving the exemption; and 15
(d) if approval for an alternative ballot was applied for--giving the 16
approval. 17
(3) The commission-- 18
(a) must promptly give notice of the time and place for the 19
amalgamation hearing to-- 20
(i) all organisations; and 21
(ii) if the hearing is about a ballot exemption and section 13591 22
applies--the proposed amalgamated organisation's 23
members; and 24
(b) may notify other persons who are likely to be interested in the 25
hearing. 26
90 Section 104 (Application to submit proposal to a ballot)
91 Section 135 (Alternative ballot approval)
s 119 102 s 120
Industrial Organisations
(4) A notice under subsection (3)(a)(ii)-- 1
(a) must tell a member of the right to object under section 134(4);92 2
and 3
(b) may be given-- 4
(i) personally; or 5
(ii) by post, addressed to the member's residential address in the 6
organisation's register; or 7
(iii) in a journal published by the organisation that circulates 8
generally to its members; or 9
(iv) in a newspaper that circulates throughout the State. 10
at amalgamation hearings 11
Submissions
119.(1) Submissions at an amalgamation hearing may only be made by 12
the applicant. 13
(2) However, another person may make a submission at the hearing if-- 14
(a) the submission is about a matter prescribed under a regulation; 15
and 16
(b) the commission consents. 17
approval not extending eligibility rules etc. 18
Ballot
120.(1) At an amalgamation hearing, the commission must allow the 19
application and approve the submission of the amalgamation to ballot if it 20
considers the application meets the following conditions (the "ballot 21
conditions")-- 22
(a) the amalgamation involves registering a proposed organisation; 23
(b) a person ineligible for membership of an existing organisation 24
will not be eligible for membership of the amalgamated 25
organisation; 26
(c) if a proposed amendment of an existing organisation's name 27
92 Section 134 (Ballot exemption--recognising federal ballot)
s 120 103 s 120
Industrial Organisations
gives it the same name as another organisation--the other 1
organisation has consented in writing to the name; 2
(d) a proposed amendment of an existing organisation's rules-- 3
(i) does not contravene this Act or an award or certified 4
agreement; or 5
(ii) is not contrary to law; 6
(e) a proposed deregistration of an existing organisation complies 7
with this Act and is not otherwise contrary to law. 8
(2) The commission must allow an application for a ballot exemption 9
under section 133 or 13493 if the ballot conditions are met. 10
(3) If the commission is not satisfied the ballot conditions have been met, 11
it must-- 12
(a) refuse the application; or 13
(b) adjourn the hearing. 14
(4) However, the commission must allow the application if it is satisfied 15
the ballot conditions will be met by-- 16
(a) permitting the applicant to amend the scheme for the 17
amalgamation; or 18
(b) accepting the applicant's undertaking to amend the amalgamation 19
scheme. 20
(5) A permission under subsection (4)(a) may-- 21
(a) despite an existing organisation's rules, allow the organisation to 22
amend the scheme (including proposed alterations to the 23
organisation's rules); and 24
(b) provide for the procedure that, despite the rules, may or must be 25
followed by the management committee; and 26
(c) be given on conditions stated by the commission. 27
(6) If an undertaking under subsection (4)(b) or commission conditions 28
under subsection (5) are contravened, the commission may-- 29
93 Section 133 (Ballot exemption--number of members)
Section 134 (Ballot exemption--recognising federal ballot)
s 121 104 s 122
Industrial Organisations
(a) amend the scheme; or 1
(b) give orders or directions about-- 2
(i) holding the ballot; or 3
(ii) the procedure for the amalgamation. 4
(7) Subsections (3)(b) and (6) do not limit the commission's other 5
powers. 6
(8) In this section-- 7
"another organisation" includes an organisation under the 8
Commonwealth Act. 9
"same name", for an organisation, means a name that is-- 10
(a) the same as another organisation's name; or 11
(b) so similar to another organisation's name as to be likely to cause 12
confusion. 13
"scheme" includes proposed alterations of an existing organisation's rules. 14
about amalgamation involving extending eligibility rules 15
Objections
etc. 16
121.(1) This section applies if an objection to a proposed amalgamation 17
is about an extension of eligibility rules of an organisation or association. 18
(2) The objection may only be made-- 19
(a) if the commission has refused to approve an amalgamation be 20
submitted to ballot; and 21
(b) by a person, and on a ground, prescribed under a regulation. 22
(3) The commission must hear the objection as prescribed under a 23
regulation. 24
approval if ballot extends eligibility rules etc. 25
Ballot
122.(1) This section applies if-- 26
(a) the commission considers an application to submit a proposed 27
amalgamation to ballot meets the ballot conditions; and 28
s 122 105 s 122
Industrial Organisations
(b) the time for objections under section 12194 to the proposed 1
amalgamation has ended or any objections have been heard. 2
(2) The commission must allow the application if satisfied-- 3
(a) no properly made objection is justified; and 4
(b) the amalgamation-- 5
(i) does not contravene this Act or an award or certified 6
agreement; and 7
(ii) is not contrary to law. 8
(3) The commission must also allow a ballot exemption under 9
section 133 or 13495 if-- 10
(a) it is satisfied under subsection (2); and 11
(b) an exemption-- 12
(i) was applied for; and 13
(ii) would be given under section 133 or 134. 14
(4) If the commission is not satisfied under subsection (2) it must-- 15
(a) refuse the application; or 16
(b) adjourn the proceeding. 17
(5) However, the commission must allow the application and approve 18
the submission of the amalgamation to ballot or allow a ballot exemption if 19
it considers it would be satisfied as required by subsection (2) by-- 20
(a) permitting the applicant to amend the scheme for the proposed 21
amalgamation; or 22
(b) accepting the applicant's undertaking to amend the amalgamation 23
scheme. 24
(6) The commission may permit an amendment of a proposed 25
organisation's rules under subsection (5)-- 26
94 Section 121 (Objections about amalgamation involving extending eligibility
rules etc.)
95 Section 133 (Ballot exemption--number of members)
Section 134 (Ballot exemption--recognising federal ballot)
s 122 106 s 122
Industrial Organisations
(a) despite the proposed organisation's rules--so as to allow the 1
existing organisations to amend the scheme for the proposed 2
amalgamation in a way that affects the proposed organisation, 3
including its rules, by resolutions of their management 4
committees; or 5
(b) despite the existing or proposed organisations' rules--under a 6
procedure the commission decides the management committees 7
must, or may, follow; or 8
(c) on conditions stated by the commission. 9
(7) The commission may permit an amendment of an existing 10
organisation's rules under subsection (5)-- 11
(a) despite the organisation's rules-- 12
(i) to allow the organisation to amend the scheme, other than by 13
amending a proposed organisation's rules, by management 14
committee resolution; or 15
(ii) under a procedure the commission decides the management 16
committee must, or may, follow; or 17
(b) on conditions stated by the commission. 18
(8) If an applicant contravenes an undertaking under subsection (5), or 19
conditions stated by the commission under subsection (6) or (7), the 20
commission may-- 21
(a) amend the scheme; or 22
(b) give directions or orders about-- 23
(i) holding the ballot; or 24
(ii) the procedure for the amalgamation. 25
(9) Subsections (4)(b) and (8) do not limit the commission's other 26
powers. 27
(10) In this section-- 28
"scheme" for a proposed amalgamation includes-- 29
(a) a proposed organisation's rules for the amalgamation; and 30
(b) proposed amendments of an existing organisation's rules. 31
s 123 107 s 124
Industrial Organisations
ballot period 1
Fixing
123.(1) This section applies if the commission approves the submission 2
of a proposed amalgamation to a ballot. 3
(2) The commission must-- 4
(a) consult with the electoral commissioner; and 5
(b) fix days for the ballot to start and finish. 6
(3) The ballot must start within 28 days of approval, unless-- 7
(a) the commission is satisfied the electoral commission needs more 8
time to arrange the ballot; or 9
(b) the existing organisations for the amalgamation request a later 10
day. 11
(4) If a scheme for the proposed amalgamation has a proposed 12
alternative provision, all ballots for the proposed amalgamation must have 13
the same starting and finishing days. 14
(5) The commission may, after consulting with the electoral 15
commissioner, change the starting or finishing days. 16
(6) Subsection (5) does not limit the powers of the person holding the 17
ballot. 18
of voters for ballot 19
Roll
124.(1) The roll of voters for a ballot for a proposed amalgamation is the 20
roll of persons having the right to vote at the ballot on the later of-- 21
(a) the day the commission fixes the ballot's starting and finishing 22
days; and 23
(b) 28 days before the ballot starts. 24
(2) A person has the right to vote at the ballot if the person may, under 25
the rules of the relevant existing organisation-- 26
(a) vote at the ballot; or 27
(b) vote in an election. 28
s 125 108 s 126
Industrial Organisations
`yes' case 1
Filing
125.(1) An existing organisation for a proposed amalgamation may file a 2
written statement (a " `yes' case") supporting-- 3
(a) the proposed principal amalgamation; and 4
(b) each proposed alternative amalgamation. 5
(2) A `yes' case must not be more than-- 6
(a) 2 000 words; or 7
(b) if a greater number of words is allowed by the commission under 8
section 12796--that number. 9
(3) A `yes' case must be filed with the ballot application for the proposed 10
amalgamation. 11
cases 12
`No'
126.(1) Members of an existing organisation for a proposed 13
amalgamation may file in the registrar's office a written statement (a " `no' 14
case") opposing the proposed principal amalgamation or any proposed 15
alternative amalgamation. 16
(2) The number of members filing a `no' case must be at least the 17
required minimum number of members of the organisation. 18
(3) A `no' case must be-- 19
(a) filed no later than 7 days before the hearing for the proposed 20
amalgamation; and 21
(b) not more than 2 000 words. 22
(4) In this section-- 23
"required minimum number", of members of an organisation, means the 24
lesser of-- 25
(a) 5% of the organisation's total members when the ballot 26
application for the proposed amalgamation was filed; or 27
(b) 1 000. 28
96 Section 127 (Commission statements)
s 127 109 s 130
Industrial Organisations
statements 1
Commission
127.(1) If 2 or more `no' cases are filed, the commission must prepare a 2
written statement opposing the amalgamation-- 3
(a) based on the `no' cases; and 4
(b) as far as practicable, fairly presenting the substance of the 5
arguments in the `no' cases; and 6
(c) if practicable, in consultation with representatives of the persons 7
who filed the `no' cases. 8
(2) The statement-- 9
(a) must not be more than 2 000 words; and 10
(b) must be sent with the ballot paper to persons who may vote at a 11
ballot under section 136;97 and 12
(c) is taken to be the only `no' case for the amalgamation. 13
or `no' cases may include things other than words 14
`Yes'
128. A `yes' or `no' case may, if the commission approves, include 15
things other than words, including, for example, diagrams, illustrations, and 16
photographs. 17
`yes' or `no' cases 18
Amending
129. The commission may-- 19
(a) allow the person who filed a `yes' or `no' case to amend it; and 20
(b) amend a filed `yes' or `no' case to-- 21
(i) correct factual errors; or 22
(ii) ensure it complies with this Act. 23
and `no' cases to be sent to voters 24
`Yes'
130. A copy of the `yes' and `no' cases and any amendments to them 25
97 Section 136 (Members' secret postal ballot)
s 131 110 s 131
Industrial Organisations
must be sent with the ballot paper to persons who may vote at a ballot under 1
section 136. 2
schemes 3
Amending
131.(1) The commission may, before a ballot for a proposed 4
amalgamation starts, permit the existing organisations for the amalgamation 5
to amend the amalgamation's scheme, including-- 6
(a) the rules of a proposed organisation for the amalgamation; or 7
(b) proposed amendments of the existing organisations' rules. 8
(2) The permission may-- 9
(a) if it is a permission to amend a proposed organisation's 10
rules--allow the amendment to be made by resolutions of the 11
existing organisations' management committees-- 12
(i) as far as the amendment affects the proposed organisation or 13
its rules; and 14
(ii) despite the proposed organisation's rules; and 15
(b) if the permission is to amend an existing organisation's 16
rules--despite the rules, allow the existing organisation by a 17
resolution of its management committee to amend the rules, or 18
the scheme, other than a proposed organisation's rules; and 19
(c) make provision for procedures that, despite the existing 20
organisations' rules may or must be followed by management 21
committees; and 22
(d) be given on conditions stated by the commission. 23
(3) If the commission gives the permission on conditions and the 24
conditions are contravened, the commission may-- 25
(a) amend the scheme for the amalgamation, including-- 26
(i) the rules of a proposed organisation for the amalgamation; 27
or 28
(ii) proposed amendments of the rules of the existing 29
organisations; or 30
(b) give directions or orders about-- 31
s 132 111 s 133
Industrial Organisations
(i) holding the ballot; or 1
(ii) procedures for the amalgamation. 2
(4) Subsection (3) does not limit the commission's other powers. 3
(5) If a scheme is amended, under this section or otherwise, the scheme 4
outline must be amended to reflect the amendment. 5
outlines 6
Scheme
132.(1) A scheme outline may, if the commission approves, have more 7
than 3 000 words. 8
(2) The outline may, if the commission approves, include things other 9
than words including, for example, diagrams, illustrations, and 10
photographs. 11
(3) The commission may-- 12
(a) before a ballot begins, permit the existing organisations concerned 13
in the amalgamation to amend the outline; and 14
(b) amend the outline to-- 15
(i) correct factual errors; or 16
(ii) ensure it complies with this Act. 17
exemption--number of members 18
Ballot
133.(1) This section applies at a hearing for a proposed amalgamation 19
if-- 20
(a) a ballot exemption application was filed with the ballot application 21
for the amalgamation; and 22
(b) the number of persons that could become members of the 23
proposed amalgamated organisation for the amalgamation is not 24
more than 25% of the number of members of the applicant 25
organisation when the applications were filed. 26
(2) At the end of the hearing, the commission must allow the ballot 27
exemption, unless it considers the exemption should be refused because of 28
special circumstances. 29
s 134 112 s 134
Industrial Organisations
(3) If the commission gives the exemption, the members of the applicant 1
organisation are taken to have approved-- 2
(a) the proposed principal amalgamation; and 3
(b) each proposed alternative amalgamation. 4
exemption--recognising federal ballot 5
Ballot
134.(1) This section applies if-- 6
(a) an organisation's counterpart federal body has amalgamated with 7
another organisation's counterpart federal body after each body 8
has-- 9
(i) held a ballot (the "federal ballot") under the 10
Commonwealth Act; or 11
(ii) been given an exemption from a ballot under the 12
Commonwealth Act; and 13
(b) the organisations propose to amalgamate under this Act. 14
(2) The organisations may apply to the commission for a ballot 15
exemption for the proposed amalgamation. 16
(3) Section 10698 applies to the organisations as if it were the proposed 17
amalgamated organisation with all necessary changes. 18
(4) A member of any of the organisations may object to the exemption-- 19
(a) on the ground that the exemption would detrimentally affect the 20
objector's interests; and 21
(b) in the way prescribed under a regulation. 22
(5) At the end of the amalgamation hearing for the amalgamation, the 23
commission may only allow the exemption if satisfied-- 24
(a) the percentage of Queensland voters in the federal ballot 25
approving the amalgamation was the same as, or more than, the 26
percentage that would have been required to approve the 27
98 Section 106 (Application for exemption from holding ballot)
s 135 113 s 135
Industrial Organisations
amalgamation under section 13799 had the Queensland voters 1
been voting in a ballot for an amalgamation to which section 137 2
applied; and 3
(b) if the organisations' and the federal body's eligibility rules 4
differ--the interests of the organisations' members who were 5
ineligible to vote in the federal ballot have not been detrimentally 6
affected; and 7
(c) objections about the possible extension of eligibility rules have 8
been resolved; and 9
(d) in the federal jurisdiction, all likely legal challenges (including 10
inquiries under the Commonwealth Act) have ended. 11
(6) If the commission is satisfied as required by subsection (5), the 12
commission must give the exemption unless it considers the exemption 13
should be refused because of the special circumstances of the case. 14
(7) If an exemption is given, the organisation's members are taken to 15
have approved the proposed principal amalgamation and a proposed 16
alternative amalgamation. 17
ballot approval 18
Alternative
135.(1) This section applies to an amalgamation hearing for a proposed 19
amalgamation if-- 20
(a) an alternative ballot for the amalgamation is applied for; and 21
(b) the application has a proposal that complies with 22
section 107(3).100 23
(2) At the end of the hearing and after consulting with the electoral 24
commissioner, the commission must approve the alternative ballot if 25
satisfied the proposal is-- 26
(a) practicable; and 27
(b) likely to give an organisation's members-- 28
99 Section 137 (Members' decision on amalgamation)
100 Section 107 (Application for alternative ballot)
s 136 114 s 136
Industrial Organisations
(i) fuller participation than a ballot under section 136; and 1
(ii) an adequate opportunity to vote on the amalgamation 2
without intimidation. 3
secret postal ballot 4
Members'
136.(1) This section applies to each existing organisation concerned in a 5
proposed amalgamation if-- 6
(a) the commission has approved a ballot for the amalgamation, and 7
(b) it has not-- 8
(i) given the organisation a ballot exemption under section 133 9
or 134;101 or 10
(ii) approved an alternative ballot for the amalgamation. 11
(2) The electoral commission must carry out secret postal ballots of the 12
organisation's members about-- 13
(a) whether they approve the proposed principal amalgamation; and 14
(b) if the scheme for the amalgamation contains a proposed 15
alternative provision--if the proposed principal amalgamation 16
does not take place, whether they approve-- 17
(i) the proposed alternative amalgamation; or 18
(ii) each proposed alternative amalgamation. 19
(3) If 2 or more ballots of an organisation's members must be held, the 20
same ballot paper must be used for all of them. 21
(4) Votes in a ballot under subsection (2) need not be counted if the 22
person conducting it is satisfied the ballot result is unnecessary for this Act. 23
(5) A copy of the scheme outline and amendments to it must be sent 24
with the ballot paper to persons who may vote at the ballot. 25
(6) A ballot held under this section must be carried out as prescribed 26
under a regulation. 27
101 Section 133 (Ballot exemption--number of members)
Section 134 (Ballot exemption--recognising federal ballot)
s 137 115 s 138
Industrial Organisations
decision on amalgamation 1
Members'
137.(1) This section applies if a proposed amalgamation is submitted to a 2
ballot of the members of an existing organisation. 3
(2) The amalgamation is only approved by the members-- 4
(a) if a community of interest declaration exists for the proposed 5
amalgamation--if more than 50% of the formal votes cast are for 6
the amalgamation; or 7
(b) otherwise--if-- 8
(i) at least 25% of the members on the roll of voters cast a vote 9
in the ballot; and 10
(ii) more than 50% of the formal votes cast are for the 11
amalgamation. 12
ballot if amalgamation not approved 13
Further
138.(1) This section applies if-- 14
(a) a ballot (the "first ballot") of existing organisation members is 15
held for a proposed amalgamation; and 16
(b) the members do not approve the amalgamation. 17
(2) The existing organisations may jointly file another ballot application 18
for the proposed amalgamation. 19
(3) If the application is filed within 1 year of the declaration of the first 20
ballot, the commission may-- 21
(a) omit a procedural step under this part for the proposed 22
amalgamation; or 23
(b) order the conduct of a fresh ballot in place of an earlier ballot in 24
the amalgamation; or 25
(c) give directions and make further orders as it considers necessary 26
or desirable. 27
(4) Subsection (2) does not require a further ballot application to be made 28
within 1 year of the declaration of the first ballot. 29
s 139 116 s 140
Industrial Organisations
inquiries 1
Irregularity
139.(1) An application may be made to the court by a member of an 2
existing organisation for it to inquire into an alleged irregularity in a ballot. 3
(2) The application must be made-- 4
(a) within 60 days after the result of the ballot has been declared; and 5
(b) in the way prescribed under a regulation. 6
(3) If the court decides to inquire into the alleged irregularity-- 7
(a) the court must fix a time and place for conducting the inquiry; and 8
(b) the court may give directions to ensure that all persons who have 9
the right to appeal or be represented at the inquiry are given notice 10
of the time and place; and 11
(c) in conducting the inquiry under this section, sections 63 to 66102 12
apply with all necessary changes. 13
approval 14
Amalgamation
140.(1) If the members of each existing organisation for a proposed 15
amalgamation approve the proposed principal amalgamation, the proposed 16
amalgamation is approved. 17
(2) A proposed alternative amalgamation for the proposed amalgamation 18
is approved if-- 19
(a) the scheme for the proposed amalgamation has an alternative 20
provision; and 21
(b) the members of 1 or more existing organisations for the 22
amalgamation do not approve the proposed principal 23
amalgamation; and 24
(c) the members of 2 or more existing organisations are approving 25
organisations; and 26
102 Section 63 (Court may make interim orders)
Section 64 (Procedure at inquiry)
Section 65 (Functions and powers of court at inquiry)
Section 66 (Enforcing orders under this part)
s 141 117 s 142
Industrial Organisations
(d) one of the existing organisations is the proposed amalgamated 1
organisation--it is one of the approving organisations. 2
Division 5--Amalgamation taking effect 3
amalgamation day 4
Fixing
141.(1) An approved amalgamation starts on the day (the 5
"amalgamation day") fixed by the commission by gazette notice. 6
(2) However, the commission may not fix an amalgamation day 7
before-- 8
(a) the time for making an application to the court for an inquiry into 9
an alleged irregularity in a ballot has ended; or 10
(b) if an application mentioned in paragraph (a) has been made--the 11
application has been decided and the result of any fresh ballot 12
ordered by the court has been declared. 13
(3) Before fixing an amalgamation day, the commission must-- 14
(a) consult with the existing organisations for the amalgamation; and 15
(b) be satisfied there are no pending proceedings, other than civil 16
proceedings, against the existing organisations for a contravention 17
of-- 18
(i) this Act or another law; or 19
(ii) an award, industrial agreement, certified agreement or EFA; 20
or 21
(iii) an order made under this or another Act. 22
on amalgamation 23
Action
142. On the amalgamation day-- 24
(a) if the proposed amalgamated organisation is not registered, the 25
registrar must enter in the register-- 26
(i) particulars about the amalgamated organisation; and 27
(ii) the amalgamation day; and 28
s 143 118 s 145
Industrial Organisations
(b) a proposed amendment of the rules of an existing organisation 1
starts; and 2
(c) the commission must deregister a proposed deregistering 3
organisation; and 4
(d) the members of a proposed deregistering organisation are taken to 5
be members of the amalgamated organisation, without paying an 6
entrance fee. 7
of property and liabilities in amalgamated organisation 8
Vesting
143. On the amalgamation day, a deregistered organisation's property 9
and liabilities vest in the amalgamated organisation. 10
of amalgamation on commission decisions 11
Effect
144. From the amalgamation day-- 12
(a) a commission decision that bound a proposed deregistering 13
organisation and its members immediately before that day binds 14
the amalgamated organisation and its members; and 15
(b) a reference in a commission decision to a deregistered 16
organisation is taken to include the amalgamated organisation. 17
18
Example of paragraph (b)--
19
A reference to an organisation's obligation to a deregistered organisation is taken
20
to include the amalgamated organisation.
nstruments 21
I
145.(1) From the amalgamation day an instrument to which this part 22
applies continues to have effect. 23
(2) The instrument applies, for acts, omissions, transactions and matters 24
done on or after that day as if a reference in the instrument to a deregistered 25
organisation were a reference to the amalgamated organisation. 26
(3) In this section-- 27
"instrument", to which this part applies, means an instrument-- 28
(a) that-- 29
s 146 119 s 147
Industrial Organisations
(i) a deregistered organisation is a party to; or 1
(ii) was given to, by or in favour of a deregistered organisation; 2
or 3
(iii) refers to a deregistered organisation; or 4
(b) under which-- 5
(i) money is, or may become, payable to or by a deregistered 6
organisation; or 7
(ii) property may be disposed of to or by a deregistered 8
organisation. 9
proceedings 10
Pending
146.(1) This section applies if a deregistered organisation was a party to a 11
pending proceeding in a court or before the commission immediately before 12
the amalgamation day. 13
(2) The amalgamated organisation is substituted for each deregistered 14
organisation as a party to the proceeding. 15
(3) The proceeding continues as if the amalgamated organisation were, 16
and had always been, the deregistered organisation. 17
applies despite laws or instruments 18
Division
147.(1) This division applies despite another Act or an instrument. 19
(2) Nothing done under this division-- 20
(a) makes an organisation or other person-- 21
(i) contravene-- 22
(A) a contract or confidence; or 23
(B) an Act; or 24
(ii) guilty of a civil wrong; or 25
(b) releases a surety's obligations, wholly or in part. 26
(3) If apart from this section a person's consent would be necessary to 27
give effect to this division, the consent is taken to have been given. 28
s 148 120 s 149
Industrial Organisations
1
Example of a contract mentioned in subsection(2)(a)(i)(A)--
2
A contractual provision that prohibits, restricts or regulates assigning or
3
transferring an asset or liability or disclosing information.
organisation to carry out amalgamation 4
Amalgamated
148.(1) An amalgamated organisation for a completed amalgamation 5
must take all necessary steps to carry out the amalgamation under this part 6
for the amalgamation. 7
(2) The commission may, on the application of an interested person, 8
make any orders it considers appropriate for subsection (1). 9
about land 10
Certificates
149.(1) This section applies if land becomes land of an amalgamated 11
organisation under this division. 12
(2) A certificate from an authorised person for the amalgamated 13
organisation is evidence that the land is an asset of the organisation if it-- 14
(a) is signed by the person; and 15
(b) identifies the land om any way, including by reference to a map; 16
and 17
(c) states the land became the amalgamated organisation's land under 18
this division. 19
(3) The certificate is taken to be an instrument of transfer that conforms 20
with the requirements of the Land Title Act 1994, section 61.103 21
(4) The registrar of titles must register the vesting of the land in the 22
amalgamated organisation if the certificate is filed with the registrar. 23
(5) A vesting of land in the amalgamated organisation may be registered 24
or given effect to under another State's law if-- 25
(a) the certificate is given to a person with functions for a land 26
registration under the other State's law; and 27
(b) the person is permitted by law to do so. 28
103 Land Title Act 1994, section 61 (Requirements of instrument of transfer)
s 150 121 s 151
Industrial Organisations
about charges 1
Certificates
150.(1) This section applies if an amalgamated organisation becomes a 2
charge holder because of this division. 3
(2) An authorised person's certificate is evidence of an amalgamated 4
organisation becoming a charge holder under this division if it-- 5
(a) is signed by the person; and 6
(b) identifies the charge; and 7
(c) states the amalgamated organisation became the charge holder 8
because of this division. 9
(3) If the certificate is given to a person required or permitted by law to 10
keep a register about charges, the person must-- 11
(a) register an amalgamated organisation becoming a charge holder 12
under this part; or 13
(b) otherwise deal with and give effect to the certificate. 14
(4) This section applies despite the Corporations Law, section 268.104 15
(5) In this section-- 16
"charge" means-- 17
(a) a mortgage created in any way; and 18
(b) an agreement to give a mortgage. 19
"holder", of a charge, includes a person to be given the benefit of a charge 20
under an agreement, on demand or otherwise. 21
about company interests 22
Certificates
151.(1) This section applies if an amalgamated organisation becomes the 23
holder of a share, debenture or interest in a company (a "company 24
interest") because of this division. 25
(2) An authorised person's certificate is evidence of an amalgamated 26
organisation becoming the holder of a company interest because of this 27
division if it-- 28
104 Corporations Law, section 268 (Assignment and variation of charges)
s 152 122 s 152
Industrial Organisations
(a) is signed by the person; and 1
(b) identifies the share, debenture or interest; and 2
(c) states the amalgamated organisation has become the holder of the 3
interest because of this division. 4
(3) If the certificate is delivered to the company, the company must do 5
the following as if the certificate is an appropriate instrument of transfer for 6
the interest-- 7
(a) register the interest in the same way as transfers of similar 8
interests in the company; 9
(b) complete the appropriate documents for the registration; 10
(c) deliver the completed documents to the amalgamated 11
organisation. 12
(4) This section applies despite the Corporations Law, chapter 7, 13
part 7.13.105 14
(5) In this section-- 15
"debenture" see the Corporations Law, chapter 7, part 7.12, division 4.106 16
about other property 17
Certificates
152.(1) This section applies if property, other than property to which 18
sections 149 to 151107 apply, becomes the property of an amalgamated 19
organisation because of this division. 20
(2) An authorised person's certificate is evidence of property becoming 21
the amalgamated organisation's property because of this division if it-- 22
(a) is signed by the person; and 23
(b) identifies the property; and 24
105 Corporations Law, chapter 7, part 7.13 (Title to, and transfer of, securities)
106 Corporations Law, chapter 7, part 7.12, division 4 (Debentures)
107 Section 149 (Certificates about land)
Section 150 (Certificates about changes)
Section 151 (Certificates about company interests)
s 153 123 s 154
Industrial Organisations
(c) states the property has, under this division, become the 1
amalgamated organisation's property because of this division. 2
(3) If the certificate is given to a person with registration functions for 3
that kind of property under a law of the State, the person must do the 4
following as if the certificate were an appropriate instrument of transfer of 5
the property-- 6
(a) register the matter in the same way as transactions for property of 7
that kind; 8
(b) deal with, and give effect to, the certificate. 9
(4) A transfer of the property to the amalgamated organisation may be 10
registered or given effect to under another State's law if-- 11
(a) the certificate is given to a person with functions for registration 12
of property of that kind under the other State's law; and 13
(b) the person is permitted by law to do so. 14
may resolve difficulties 15
Commission
153.(1) If a difficulty arises about applying this part to a particular matter, 16
the commission may, on the application of an interested person, make 17
orders it considers necessary to resolve the difficulty. 18
(2) An order made under subsection (1) has effect despite the rules of an 19
organisation or proposed organisation. 20
Division 6--Validation 21
of division 22
Application
154.(1) This division applies to an act (a "relevant act"), if the relevant 23
act is done-- 24
(a) before or after the commencement; and 25
(b) to or by an existing organisation or association concerned in an 26
amalgamation, or the organisation's management committee or 27
officer; and 28
(c) for a proposed or completed amalgamation. 29
s 155 124 s 155
Industrial Organisations
(2) However, sections 155 and 156 do not apply to a relevant act to the 1
extent ordered by the commission under section 157108. 2
acts in good faith 3
Validating
155.(1) A relevant act done in good faith is valid despite an invalidity 4
discovered about it later. 5
(2) A relevant act is taken as being done in good faith unless proved 6
otherwise. 7
(3) A person who purports to be a management committee member, or 8
an officer, of an organisation that has done a relevant act, is taken as having 9
done so in good faith unless proved otherwise. 10
(4) An invalidity in a relevant act that consists of the making or 11
amending of a scheme for the amalgamation is taken not to be discovered 12
until the invalidity was known to a majority of-- 13
(a) management committee members; or 14
(b) persons purporting to act as members of the management 15
committee. 16
(5) Knowledge of facts from which the invalidity arose is not knowledge 17
of the invalidity. 18
(6) Nothing in this section affects-- 19
(a) a court or commission order made before the commencement; or 20
(b) section 24, 82, 83, 84, 85, 86, 139, 148, 153, 173 or 185.109 21
108 Section 157 (Order that s 155 or 156 does not apply)
109 Section 24 (Rules to give conditions for loans, grants and donations)
Section 82 (Members and officers registers)
Section 83 (Filing registers)
Section 84 (Exemption from filing members register etc.)
Section 85 (Rectification of registers by commission)
Section 86 (Registrar's access to registers)
Section 139 (Irregularity inquiries)
Section 148 (Amalgamated organisation to carry out amalgamation)
Section 153 (Commission may resolve difficulties)
Section 173 (Irregularity inquiries)
Section 185 (Commission may resolve difficulties--Cwlth s 253ZV)
s 156 125 s 157
Industrial Organisations
after 4 years 1
Validation
156.(1) This section applies if more than 4 years has elapsed since a 2
relevant act was done. 3
(2) The relevant act is taken to have been done under this part and the 4
organisation's rules. 5
(3) However, this section does not affect an order, judgment, decree, 6
declaration, direction, verdict, sentence, decision or similar act of the court, 7
another court or the commission about a relevant act made before the 8
4 years ends. 9
that s 155 or 156 does not apply 10
Order
157.(1) The commission may, if an eligible person applies, order that 11
section 155 or 156110 does not apply, and never applied, to a relevant act. 12
(2) The commission may make the order only if satisfied the application 13
of section 155 or 156 to the relevant act does substantial injustice to-- 14
(a) an eligible person; or 15
(b) a creditor of the organisation or association concerned in the 16
amalgamation; or 17
(c) a person having dealings with a person or creditor mentioned in 18
paragraph (a) or (b). 19
(3) In this section-- 20
"eligible person" means-- 21
(a) the organisation or association concerned in the amalgamation; or 22
(b) a member of the organisation or proposed organisation or another 23
person having a sufficient interest for the organisation or 24
proposed organisation. 25
110 Section 155 (Validating acts in good faith)
Section 156 (Validation after 4 years)
s 158 126 s 158
Industrial Organisations
about invalidities 1
Orders
158.(1) If an eligible person applies to the commission, it may decide if 2
an invalidity has happened in a proposed or completed amalgamation. 3
(2) If the commission decides an invalidity has happened, it may-- 4
(a) make orders or declarations it considers appropriate to-- 5
(i) correct the invalidity; or 6
(ii) change the consequences in law of the invalidity; or 7
(iii) validate any thing made invalid because of the invalidity; and 8
(b) give additional or consequential directions it considers 9
appropriate. 10
(3) However, the commission must not make an order if it does 11
substantial injustice to-- 12
(a) an eligible person; or 13
(b) a creditor of the organisation or association; or 14
(c) a person having dealings with the organisation or association. 15
(4) To remove doubt, it is declared this section also applies to an 16
invalidity happening-- 17
(a) before or after the commencement; and 18
(b) about an association before it became an organisation. 19
(5) In this section-- 20
"eligible person" see section 157(3).111 21
111 Section 157 (Order that s 155 or 156 does not apply)
s 159 127 s 160
Industrial Organisations
PART 10--WITHDRAWAL FROM 1
AMALGAMATIONS 2
1--General 3
Division
of pt 10--Cwlth s 253ZH 4
Object
159. The object of this part is to provide for certain organisations that 5
have taken part in amalgamations under the repealed Act, part 14, division 9 6
or this part, to be reconstituted and re-registered in a way that is fair to-- 7
(a) the members of the organisations concerned; and 8
(b) the creditors of those organisations. 9
for pt 10--Cwlth s 253ZI 10
Definitions
160.(1) In this part-- 11
"amalgamated organisation" means an organisation of employees that 12
was formed under the repealed Act, part 14, division 9 or under part 9, 13
but does not include an organisation that was subsequently 14
deregistered under that part or this Act. 15
"ballot" means a ballot conducted under division 2.112 16
"constituent member", in relation to a constituent part of an amalgamated 17
organisation, means a member of the amalgamated organisation who 18
would be eligible for membership of the constituent part if the 19
constituent part was still registered as an organisation with the same 20
rules as it had when it was deregistered under the repealed Act, part 14, 21
division 9, or under part 9. 22
"constituent part", in relation to an amalgamated organisation, means a 23
part of the membership of the amalgamated organisation that would 24
have been eligible for membership of an organisation deregistered 25
under the repealed Act, part 14, division 9, or under part 9, for the 26
formation of that amalgamated organisation if the deregistration had 27
not happened. 28
112 Division 2 (Ballots for withdrawal from amalgamated organisations)
s 161 128 s 161
Industrial Organisations
"newly registered organisation" means an organisation registered under 1
section 175.113 2
(2) For the purposes of this part, an organisation is taken to have been 3
deregistered under the repealed Act, part 14, division 9, or under part 9, for 4
the formation of an amalgamated organisation if the deregistration happened 5
as a result of the registration of-- 6
(a) the amalgamated organisation; or 7
(b) another organisation that was subsequently deregistered under the 8
repealed Act, part 14, division 9, or under part 9 as a result of the 9
registration under that paragraph of-- 10
(i) the amalgamated organisation; or 11
(ii) an organisation that, through 1 or more previous applications 12
of this subsection, is taken to have been deregistered under 13
the repealed Act, part 14, division 9, or under part 9, for the 14
formation of the amalgamated organisation. 15
Division 2--Ballots for withdrawal from amalgamated organisations 16
to the commission for ballots--Cwlth s 253ZJ 17
Applications
161.(1) An application may be made to the commission for a ballot to be 18
held, to decide whether a constituent part of an amalgamated organisation 19
should withdraw from the organisation, if-- 20
(a) the constituent part became part of the organisation as a result of 21
an amalgamation under-- 22
(i) the repealed Act, part 14, division 9, after 18 June 1993; or 23
(ii) part 9; and 24
(b) the amalgamation happened no less than 2 years before the date 25
of the application; and 26
(c) the application is made-- 27
(i) if the amalgamation occurred before the commencement of 28
113 Section 175 (Registration of constituent part--Cwlth s 253ZQ)
s 162 129 s 162
Industrial Organisations
this part--no more than 3 years after that commencement; 1
or 2
(ii) if the amalgamation happened after the commencement of 3
this part--no more than 5 years after the amalgamation 4
happened. 5
(2) However, an application may not be made if-- 6
(a) during the last year, the Commission has rejected an application 7
for a ballot to be held in relation to the constituent part of the 8
organisation; or 9
(b) a ballot was held that rejected the withdrawal of the constituent 10
part. 11
(3) The application may be made by-- 12
(a) the number of constituent members prescribed under a regulation; 13
or 14
(b) a management committee elected entirely or substantially by the 15
constituent members. 16
(4) The application must be made as prescribed under a regulation. 17
exemption--recognising federal ballot 18
Ballot
162.(1) This section applies if-- 19
(a) an organisation's counterpart federal body has withdrawn from 20
amalgamation with another organisation's counterpart federal 21
body after each body has-- 22
(i) held a ballot (the "federal ballot") under the 23
Commonwealth Act; or 24
(ii) been given an exemption from a ballot under the 25
Commonwealth Act; and 26
(b) the organisations propose to withdraw from amalgamation under 27
this part. 28
(2) The organisations may apply to the commission for an exemption for 29
a ballot for the proposed withdrawal from amalgamation. 30
(3) A member of any of the organisations may object to the exemption-- 31
s 163 130 s 163
Industrial Organisations
(a) on the ground that the exemption would detrimentally affect the 1
objector's interests; and 2
(b) in the way prescribed under a regulation. 3
(4) At the end of the hearing for a ballot to be held under section 161114 4
for the withdrawal from the amalgamation, the commission may only give 5
the exemption if satisfied-- 6
(a) the percentage of Queensland voters in the federal ballot 7
approving the withdrawal from amalgamation was the same as, 8
or more than, the percentage that would have been required to 9
approve the withdrawal from amalgamation under this part had 10
the Queensland voters been voting in a ballot for a withdrawal 11
from amalgamation to which this part applied; and 12
(b) if the organisations' and the federal body's eligibility rules 13
differ--the interests of the organisations' members who were 14
ineligible to vote in the federal ballot have not been detrimentally 15
affected; and 16
(c) objections about the possible changes of eligibility rules have 17
been resolved; and 18
(d) in the Federal jurisdiction, all likely legal challenges (including 19
inquiries under the Commonwealth Act) have ended. 20
(5) If the commission is satisfied as required by subsection (4), the 21
commission must give the exemption unless it considers the exemption 22
should be refused because of the special circumstances of the case. 23
(6) If an exemption is given, the organisation's members are taken to 24
have approved the withdrawal from amalgamation. 25
to electoral commission--Cwlth s 253ZK 26
Notice
163.(1) The registrar must immediately notify the electoral commission 27
if an application for a ballot is made. 28
(2) On being notified, the electoral commission must immediately take 29
action it considers necessary or desirable to conduct a ballot for the 30
application as quickly as possible. 31
114 Section 161 (Applications to the commission for ballots--Cwlth s 253ZJ)
s 164 131 s 166
Industrial Organisations
for ballots--Cwlth s 253ZL 1
Orders
164.(1) The commission must order that a vote of the constituent 2
members be taken by secret ballot, to decide whether the constituent part of 3
the amalgamated organisation should withdraw from the organisation, if the 4
commission is satisfied-- 5
(a) the application for the ballot is validly made under section 161;115 6
and 7
(b) the proposal for withdrawal from the organisation complies with 8
any requirements specified in a regulation. 9
(2) In considering whether to order that a ballot be held, the commission 10
must have regard to any submissions made to it by persons authorised 11
under a regulation to make submissions for the purposes of this section. 12
(3) If the commission orders that a ballot be held, it may make such 13
orders as it considers appropriate for the conduct of the ballot. 14
ballot--Cwlth s 253ZM 15
Conducting
165.(1) A ballot must be conducted by the electoral commission. 16
(2) However, subsection (1) does not apply to a ballot if the commission 17
has given an exemption for the ballot under section 168.116 18
for exemption from s 165 19
Application
166.(1) The persons or the body who may apply for a ballot may file in 20
the registrar's office an application for the constituent part to be exempted 21
from section 165(1) for the ballot.117 22
(2) An application may only be made if the persons or the body have-- 23
(a) resolved to make the application; and 24
115 Section 161 (Applications to the commission for ballots--Cwlth s 253ZJ)
116 Section 168 (Commission may give exemption from s 165)
117 The persons and the body who may apply for a ballot are stated in section 161(3)
(Applications to the commission for ballots--Cwlth s 253ZJ)
s 167 132 s 168
Industrial Organisations
(b) notified the constituent members of the making of the resolution 1
as prescribed under a regulation. 2
(3) The application must be accompanied by an affidavit by a person 3
authorised by the persons or the body stating that subsection (2) has been 4
complied with. 5
(4) On the filing of an application, the registrar must publish, as 6
prescribed under a regulation, a notice stating details of the application. 7
to application for exemption 8
Objections
167.(1) A member of a constituent part for which an application is made 9
under section 166(1)118 may object to it. 10
(2) The commission must hear the application and properly made 11
objections in the way prescribed under a regulation. 12
may give exemption from s 165 13
Commission
168.(1) This section applies if an application for a constituent part has 14
been filed under section 166(1) and any properly made objections to the 15
application have been heard. 16
(2) The commission may exempt the constituent part from 17
section 165(1)119 for a ballot if satisfied-- 18
(a) the ballot would be conducted in a way that would give 19
constituent members an adequate opportunity of voting without 20
intimidation; and 21
(b) if an exemption has been given to the constituent part under this 22
section--the constituent part has not contravened section 169 or 23
170;120 or 24
(3) The commission may cancel an exemption given to a constituent part 25
if-- 26
118 Section 166 (Application for exemption from s 165)
119 Section 165 (Conducting ballot--Cwlth s 253ZM)
120 Section 169 (Duties of constituent part if exemption given)
Section 170 (Ballot result report)
s 169 133 s 169
Industrial Organisations
(a) the constituent part's management committee applies for its 1
cancellation; or 2
(b) the commission-- 3
(i) is no longer satisfied as required by subsection (2); and 4
(ii) has given the constituent part's management committee an 5
opportunity, as prescribed under a regulation, to show cause 6
why the exemption should not be cancelled; or 7
(c) the constituent part contravenes section 169 or 170. 8
(4) In this section-- 9
"management committee", for a constituent part, means a management 10
committee elected entirely or substantially by the part's constituent 11
members. 12
of constituent part if exemption given 13
Duties
169.(1) This section applies if a constituent part has been exempted from 14
section 165(1)121 for a ballot. 15
(2) Before holding a ballot the constituent part must-- 16
(a) appoint a returning officer, who is not an employee, member or 17
officer of the constituent part, to conduct the election; and 18
(b) give the registrar-- 19
(i) notice of the returning officer's name; and 20
(ii) a statutory declaration sworn by the returning officer stating 21
that the returning officer is not an employee, member or 22
officer of the constituent part; and 23
(c) obtain the registrar's written approval of the returning officer's 24
appointment. 25
(3) A contravention of this section does not invalidate a ballot to which 26
the exemption applies. 27
121 Section 165 (Conducting ballot--Cwlth s 253ZM)
s 170 134 s 171
Industrial Organisations
result report 1
Ballot
170.(1) Within 14 days after the declaration of the result of an election, a 2
written ballot result report containing the particulars prescribed under a 3
regulation must be given to the registrar by-- 4
(a) if the electoral commission conducted the ballot--the electoral 5
commission; or 6
(b) otherwise--the returning officer appointed by the constituent part 7
for which the ballot was held. 8
(2) A contravention of this section does not invalidate a ballot to which 9
the exemption applies. 10
information and documents to electoral officers--Cwlth 11
Providing
s 253ZN 12
171.(1) This section applies if-- 13
(a) the registrar has notified the electoral commission of an 14
application for a ballot for a proposed withdrawal from 15
amalgamation; and 16
(b) the electoral commission has authorised in writing an electoral 17
officer for the ballot; and 18
(c) the electoral officer considers information within the knowledge 19
or possession of an officer of an amalgamated organisation the 20
ballot concerns or documents in the officer's custody or control 21
or to which the officer has access, are reasonably necessary for a 22
ballot that is or may be required because of the application. 23
(2) The electoral officer may, by notice, require the officer to-- 24
(a) give information to the officer within the officer's knowledge or 25
possession; and 26
(b) make available documents to the officer that the officer has-- 27
(i) custody or control of; or 28
(ii) to which the officer has access. 29
(3) The notice must state-- 30
(a) if it requires the officer to give information-- 31
s 172 135 s 172
Industrial Organisations
(i) the information required; and 1
(ii) a period in which it is to be given of no less than 7 days; and 2
(iii) a reasonable way of giving it; or 3
(b) if it requires the officer to produce or make documents 4
available-- 5
(i) the documents required; and 6
(ii) a reasonable period in which they are to be produced or 7
made available; and 8
(iii) a reasonable place at which they are to be produced or made 9
available. 10
(4) A person must not contravene the notice without reasonable excuse. 11
Maximum penalty--40 penalty units. 12
(5) It is a reasonable excuse for a person not to comply with a notice 13
under subsection (2) if doing so might tend to incriminate the person. 14
(6) In this section-- 15
"officer" of an amalgamated organisation includes an employee of the 16
organisation. 17
records must be preserved 18
Ballot
172.(1) This section applies-- 19
(a) if a ballot is held under this part; and 20
(b) despite the rules of an organisation or branch. 21
(2) A responsible person for the ballot must do everything necessary to 22
ensure all ballot records for the ballot are kept for 1 year after the ballot 23
by-- 24
(a) if the ballot is conducted by the electoral commission--the 25
electoral commission; or 26
(b) otherwise--the organisation or branch. 27
Maximum penalty--40 penalty units. 28
s 173 136 s 173
Industrial Organisations
(3) In this section-- 1
"responsible person" means-- 2
(a) for a ballot conducted by the electoral commission--the electoral 3
commission; or 4
(b) otherwise-- 5
(i) the returning officer for the ballot; or 6
(ii) the organisation or branch; or 7
(iii) an officer of the organisation or branch who performs a 8
function in relation to the records. 9
inquiries 10
Irregularity
173.(1) An application may be made to the court by a constituent 11
member for it to inquire into an alleged irregularity in a ballot. 12
(2) The application must be made-- 13
(a) not later than 60 days after the result of the ballot has been 14
declared; and 15
(b) in the way prescribed under a regulation. 16
(3) If the court decides to inquire into the alleged irregularity-- 17
(a) the court must fix a time and place for conducting it; and 18
(b) the court may give directions to ensure that all persons who have 19
the right to appeal or be represented at the inquiry are given notice 20
of the time and place; and 21
(c) in conducting the inquiry under this section, sections 63 to 66122 22
apply with all necessary changes. 23
122 Section 63 (Court may make interim orders)
Section 66 (Enforcing orders under this part)
s 174 137 s 175
Industrial Organisations
Division 3--Giving effect to ballots 1
the day of withdrawal--Cwlth s 253ZP 2
Deciding
174.(1) If more than 50% of the formal votes cast in a ballot are in 3
favour of a constituent part of an amalgamated organisation withdrawing 4
from the organisation, the commission must, on the application of the 5
constituent part-- 6
(a) determine the day on which the withdrawal is to take effect; and 7
(b) make such orders as are necessary to apportion the assets and 8
liabilities of the amalgamated organisation between the 9
amalgamated organisation and the constituent part; and 10
(c) make such other orders as it thinks appropriate for giving effect to 11
the withdrawal. 12
(2) However, the commission must not determine the day on which the 13
withdrawal is to take effect before-- 14
(a) the time for making an application to the court for an inquiry into 15
an alleged irregularity in a ballot has ended; or 16
(b) if an application mentioned in paragraph (a) has been made--the 17
application has been decided and the result of any fresh ballot 18
ordered by the court has been declared. 19
(3) In making an order under subsection (1)(b), the commission must 20
have regard to-- 21
(a) the assets and liabilities of the constituent part before it, or the 22
organisation of which it was a branch was deregistered under the 23
repealed Act, part 14, division 9, or under part 9 for the formation 24
of the amalgamated organisation; and 25
(b) any change in the net value of those assets or liabilities that has 26
happened since the amalgamation; and 27
(c) the interests of the creditors of the amalgamated organisation. 28
of constituent part--Cwlth s 253ZQ 29
Registration
175. The registrar must, with effect from the day determined under 30
s 176 138 s 177
Industrial Organisations
section 174(1)(a)-- 1
(a) register the constituent part as an organisation in the register; and 2
(b) enter in the register particulars about the organisation. 3
of amalgamated organisation may join registered 4
Members
organisation--Cwlth s 253ZR 5
176. A person who is a member of the amalgamated organisation from 6
which the constituent part withdrew to form a newly registered organisation 7
may become a member of the newly registered organisation without 8
payment of an entrance fee if the person is eligible for membership of it. 9
of the commission, awards etc.--Cwlth s 253ZS 10
Orders
177.(1) This section applies to an order of the commission, an award or a 11
certified agreement that was, immediately before the day the registration 12
takes effect, binding on the amalgamated organisation in relation to the 13
constituent part of the organisation and its members. 14
(2) On and from the day the registration takes effect, the order, award or 15
certified agreement-- 16
(a) becomes binding on the newly registered organisation and its 17
members; and 18
(b) has effect for all purposes (including the obligations of employers 19
and organisations of employers) as if references in the order, 20
award or certified agreement to the amalgamated organisation 21
included references to the newly registered organisation. 22
(3) In this section-- 23
"award" includes an EFA or industrial agreement that-- 24
(a) has effect under the Workplace Relations Act 1996 immediately 25
before the day on which the registration takes effect; and 26
(b) continues to have effect under the Workplace Relations Act 1996 27
immediately after that day. 28
s 178 139 s 179
Industrial Organisations
regulations--Cwlth s 253ZT 1
Withdrawal
178. A regulation may provide for any other matters relating to giving 2
effect to the withdrawal of constituent parts from amalgamated 3
organisations, including any matter related to-- 4
(a) the transfer of assets and liabilities of an amalgamated 5
organisation to a newly registered organisation; and 6
(b) the extent to which a newly registered organisation is bound or 7
otherwise affected by any agreements, arrangements or other 8
instruments binding on or otherwise affecting an amalgamated 9
organisation; and 10
(c) the extent to which an amalgamated organisation continues, after 11
a registration under section 175 123 takes effect, to be bound or 12
otherwise affected by any agreements, arrangements or other 13
instruments binding on or otherwise affecting the amalgamated 14
organisation; and 15
(d) the extent to which a newly registered organisation becomes a 16
party to any proceeding to which an amalgamated organisation is 17
a party; and 18
(e) the extent to which an amalgamated organisation continues to be a 19
party to any proceedings to which the amalgamated organisation 20
was a party immediately before a registration under section 175 21
takes effect; and 22
(f) the appointment of officers of an amalgamated organisation as 23
officers of a newly registered organisation, and the results of such 24
appointments. 25
applies despite laws and agreements prohibiting transfer 26
Division
etc.--Cwlth s 253ZU 27
179.(1) This division applies, and must be given effect to, despite 28
anything in-- 29
(a) an Act; or 30
(b) any contract, deed, undertaking, agreement or other instrument. 31
123 Section 175 (Registration of constituent part--Cwlth s 253ZQ)
s 180 140 s 180
Industrial Organisations
(2) Nothing done by this division, and nothing done by a person because 1
of, or for a purpose connected with or arising out of, this division-- 2
(a) is to be taken as-- 3
(i) placing an organisation or other person in breach of contract 4
or confidence; or 5
(ii) otherwise making an organisation or other person guilty of a 6
civil wrong; or 7
(b) is to be taken as placing an organisation or other person in breach 8
of-- 9
(i) an Act; or 10
(ii) any contractual provision prohibiting, restricting or 11
regulating the assignment or transfer of any asset or liability 12
or the disclosure of any information; or 13
(c) is taken to release any surety, wholly or in part, from all or any of 14
the surety's obligations. 15
(3) Without limiting subsection (1), if, apart from this section, the 16
consent of a person would be necessary in order to give effect to this 17
division in a particular respect, the consent is taken to have been given. 18
Division 4--Validation 19
of division 20
Application
180.(1) This division applies to an act (a "relevant act"), if the relevant 21
act is done-- 22
(a) before or after the commencement; and 23
(b) to or by an amalgamated organisation or a constituent part, or the 24
organisation's or part's management committee or officer; and 25
(c) for a proposed or completed withdrawal from amalgamation. 26
s 181 141 s 182
Industrial Organisations
(2) However, sections 181 and 182 do not apply to a relevant act to the 1
extent ordered by the commission under section 183.124 2
acts in good faith 3
Validating
181.(1) A relevant act done in good faith is valid despite an invalidity 4
discovered later about it. 5
(2) A relevant act is taken as being done in good faith unless proved 6
otherwise. 7
(3) A person who purports to be a management committee member, or 8
an officer, of an amalgamated organisation or a constituent part that has 9
done a relevant act, is taken as having done so in good faith unless proved 10
otherwise. 11
(4) Nothing in this section affects-- 12
(a) a court or commission order made before the commencement; or 13
(b) section 24, 82, 83, 84, 85, 86, 139, 148, 153, 173 or 185.125 14
after 4 years 15
Validation
182.(1) This section applies if more than 4 years has elapsed since a 16
relevant act was done. 17
(2) The relevant act is taken to have been done under this part and the 18
organisation's rules. 19
124 Section 181 (Validating acts in good faith)
Section 182 (Validation after 4 years)
Section 183 (Order that s 181 or 182 does not apply)
125 Section 24 (Rules to give conditions for loans, grants and donations)
Section 82 (Members and officers registers)
Section 83 (Filing registers)
Section 84 (Exemption from filing members register etc.)
Section 85 (Rectification of registers by commission)
Section 86 (Registrar's access to registers)
Section 139 (Irregularity inquiries)
Section 148 (Amalgamated organisation to carry out amalgamation)
Section 153 (Commission may resolve difficulties)
Section 173 (Irregularity inquiries)
Section 185 (Commission may resolve difficulties--Cwlth s 253ZV)
s 183 142 s 184
Industrial Organisations
(3) However, this section does not affect an order, judgment, decree, 1
declaration, direction, verdict, sentence, decision or similar act of the court, 2
another court or the commission about a relevant act made before the 3
4 years ends. 4
that s 181 or 182 does not apply 5
Order
183.(1) The commission may if an eligible person applies, order that 6
section 181 or 182126 does not apply, and never applied, to a relevant act. 7
(2) The commission may make the order only if satisfied the application 8
of section 181 or 182 to the relevant act does substantial injustice to-- 9
(a) an eligible person; or 10
(b) a creditor of an amalgamated organisation or a constituent part 11
concerned in a withdrawal from amalgamation; or 12
(c) a person having dealings with a person or creditor mentioned in 13
paragraph (a) or (b). 14
(3) In this section-- 15
"eligible person" means-- 16
(a) an amalgamated organisation or a constituent part concerned in a 17
withdrawal from amalgamation; or 18
(b) a member of an amalgamated organisation, a constituent member 19
or another person having a sufficient interest for an amalgamated 20
organisation or a constituent part. 21
about invalidities 22
Orders
184.(1) If an eligible person applies to the commission, it may decide if 23
an invalidity has happened in a proposed or completed withdrawal from 24
amalgamation. 25
(2) If the commission decides an invalidity has happened, it may-- 26
(a) make orders or declarations it considers appropriate to-- 27
126 Section 181 (Validating acts in good faith)
Section 182 (Validation after 4 years)
s 185 143 s 185
Industrial Organisations
(i) correct the invalidity; or 1
(ii) change the consequences in law of the invalidity; or 2
(iii) validate any thing made invalid because of the invalidity; and 3
(b) give additional or consequential directions it considers 4
appropriate. 5
(3) However, the commission must not make an order if it does 6
substantial injustice to-- 7
(a) an eligible person; or 8
(b) the creditors of an amalgamated organisation or a constituent part 9
concerned in the withdrawal from amalgamation; or 10
(c) a person having dealings with the amalgamated organisation or 11
constituent part for the withdrawal from amalgamation. 12
(4) To remove doubt, it is declared this section also applies to an 13
invalidity happening-- 14
(a) before or after the commencement; and 15
(b) about an amalgamated organisation or a constituent part before 16
the part's withdrawal from amalgamation. 17
(5) In this section-- 18
"eligible person" see section 183(3). 19
Division 5--Miscellaneous 20
may resolve difficulties--Cwlth s 253ZV 21
Commission
185.(1) If any difficulty arises in relation to the application of this part to 22
a particular matter, the commission may, on the application of a person 23
having a proper interest, make such order as it thinks appropriate to resolve 24
the difficulty. 25
(2) An order made under subsection (1) has effect despite the rules of an 26
organisation or any association proposed to be registered as an organisation. 27
s 186 144 s 187
Industrial Organisations
expenses under pt 10 1
Ballot
186.(1) Expenses of a ballot for a proposed withdrawal from 2
amalgamation conducted by the electoral commission under this part are 3
payable by the person who applied for the ballot. 4
(2) The applicant must pay the State the expenses within 1 month after 5
receiving a written request from the electoral commission to do so. 6
(3) The amount payable by a person under this section may be recovered 7
by the State as a debt payable to it. 8
(4) Despite subsections (1) to (3), the court may order the State to pay all 9
or part of the expenses of a ballot if-- 10
(a) the ballot was ordered under section 173;127 and 11
(b) the order was made because of an irregularity that was caused by 12
the electoral commission. 13
ART 11--CANCELLING REGISTRATION 14
P
registration for industrial conduct 15
Cancelling
187.(1) Each of the following may apply to the full court to cancel an 16
organisation's registration-- 17
(a) an organisation; 18
(b) the registrar; 19
(c) the Minister; 20
(d) another interested person. 21
(2) The application may be made on any of the following grounds-- 22
(a) achieving the objects of the Act has been prevented or hindered 23
by-- 24
(i) the organisation's or its members' continued contravention 25
127 Section 173 (Irregularity inquiries)
s 187 145 s 187
Industrial Organisations
of a commission order or an award, certified agreement, 1
EFA, industrial agreement or QWA; or 2
(ii) the organisation's failure to ensure its members do not 3
contravene a commission order or an award, certified 4
agreement, EFA, industrial agreement or QWA; or 5
(iii) the organisation's or its members' other conduct; 6
(b) the organisation or its members are engaging in industrial action 7
that has prevented or interfered with-- 8
(i) trade or commerce; or 9
(ii) providing a public service; 10
(c) the organisation or its members have been, or are, engaging in 11
industrial action that has, is having, or is likely to have a 12
substantial adverse effect on the safety, health or welfare of the 13
community or a part of the community. 14
(3) The respondent organisation has the right to be heard by the full court 15
about the application. 16
(4) The full court must cancel the organisation's registration if it-- 17
(a) finds the application ground is made out; and 18
(b) does not consider cancellation unjust, considering the-- 19
(i) significance of the circumstances forming the ground; and 20
(ii) action taken by or against the organisation about the ground. 21
(5) However, if the full court finds the application ground is wholly or 22
mainly because of the conduct of a section or class of the organisation's 23
membership, instead of cancelling the organisation's registration, it may-- 24
(a) order amendments to the organisation's eligibility rules to exclude 25
from membership eligibility persons belonging to the section or 26
class; or 27
(b) exclude a person from the organisation's membership. 28
(6) If the full court cancels an organisation's registration, it may direct the 29
former organisation not to apply for registration before a stated period. 30
s 188 146 s 188
Industrial Organisations
(7) In this section-- 1
"members", of an organisation, means-- 2
(a) a substantial number of the organisation's members; or 3
(b) a section or class of its members. 4
if cancellation deferred 5
Orders
188.(1) This section applies if the full court-- 6
(a) finds a ground is made out to cancel an organisation's registration 7
under section 189; and 8
(b) considers, instead of cancelling the registration or making another 9
order under section 189, it is just to make an order under 10
subsection (2). 11
(2) The full court may, by order-- 12
(a) suspend to a stated extent, the rights, privileges or capacities of 13
the organisation, or its members, as members, under this Act or a 14
commission order or an award, certified agreement, EFA or 15
industrial agreement; or 16
(b) direct a way for exercising a suspended right, privilege or 17
capacity; or 18
(c) restrict the organisation or its branches in using their funds or 19
property and control the funds or property to enforce the 20
restrictions. 21
(3) If the full court makes an order under subsection (2), it must defer its 22
decision on cancelling the registration until-- 23
(a) if a party to the proceedings applies--the court considers it is just 24
to make the decision, considering-- 25
(i) evidence given about compliance with the order; and 26
(ii) other relevant circumstances; or 27
(b) the order ends. 28
(4) An order under subsection (2)-- 29
(a) has effect despite the rules of the organisation or its branches; and 30
s 189 147 s 189
Industrial Organisations
(b) if a party to the proceedings applies--may be cancelled by 1
another full court order; and 2
(c) unless it is cancelled sooner, ends-- 3
(i) 6 months after it began; or 4
(ii) if a party to the proceeding in which the order was made 5
applies before the order ends and the full court extends the 6
order--at the end of the extended period. 7
registration on other grounds 8
Cancelling
189.(1) The full court may cancel an organisation's registration-- 9
(a) of its own initiative, if the organisation's rules state the 10
organisation is to end if a stated event happens and the event 11
happens; or 12
(b) of its own initiative, or if the organisation, the Minister or an 13
interested person applies to the court and the court is satisfied-- 14
(i) the organisation has breached an undertaking under 15
section 11(4); and 16
(ii) it is not appropriate to amend the eligibility rules of the 17
organisation under section 42;128 or 18
(c) if the organisation, the Minister or an interested person applies to 19
the court and the court is satisfied-- 20
(i) the organisation was registered by mistake; or 21
(ii) the organisation's rules do not allow members to join the 22
organisation with reasonable ease; or 23
(iii) the rules impose unreasonable conditions on a person's 24
continuing membership of the organisation; or 25
(iv) the rules, or the way they are administered, are harsh or 26
oppressive; or 27
128 Section 42 (Commission may amend rules if undertaking breached--Cwlth
s 203A)
s 189 148 s 189
Industrial Organisations
(v) a majority of the organisation's members agree to the 1
cancellation; or 2
(vi) the organisation is not free from control by, or improper 3
influence from, a person or body mentioned in 4
section 11(1)(b) or 12(1)(b);129 or 5
(vii) subject to subsection (3), if the organisation is an enterprise 6
association--the enterprise to which it relates has ended; or 7
(d) at the registrar's initiative, if the court is satisfied the organisation 8
is defunct. 9
(2) An enterprise to which an organisation relates ends under 10
subsection (1)(c)(vii) if-- 11
(a) for an organisation that relates only to a functionally distinct part 12
or parts of the business that constitutes the enterprise--that part or 13
those parts have ended, or the whole of the business has ended; or 14
(b) for an organisation that relates to the whole of the business that 15
constitutes the enterprise--the whole of the business has ended. 16
(3) However, subsection (1)(c)(vii) does not apply if-- 17
(a) some or all of the business of the enterprise that has ended is now 18
conducted by another enterprise; and 19
(b) all the alterations to the organisations rules, necessary to enable 20
the organisation to operate as an enterprise association for the 21
other enterprise have been made; and 22
(c) the full court is satisfied the organisation still meets the 23
requirements of section 11(4). 24
(4) The full court must give the organisation a reasonable opportunity to 25
alter its rules as provided in subsection (3)(b) before it considers cancelling 26
the organisation's registration on the ground in subsection (1)(c)(vii). 27
(5) If the full court proposes to make an order under this section, other 28
than because of the organisation's application, it must give the organisation 29
an opportunity to be heard before making the order. 30
129 Section 11 (Registration criteria--employee associations other than enterprise
associations)
Section 12 (Registration criteria--enterprise associations)
s 190 149 s 192
Industrial Organisations
directions 1
Cancellation
190.(1) This section applies if the full court cancels an organisation's 2
registration under-- 3
(a) section 187 or 189; or 4
(b) the Workplace Relations Act 1996, section 352(1)(f).130 5
(2) The court may give the directions it considers appropriate for the 6
cancellation. 7
cancellation 8
Recording
191. If an organisation's registration is cancelled, the registrar must 9
record the cancellation and its date in the register. 10
of cancellation 11
Consequences
192.(1) This section applies if an organisation's registration is cancelled. 12
(2) The organisation stops being an organisation and a body corporate 13
but does not stop being an association. 14
(3) The cancellation does not relieve the association or its members from 15
a penalty or liability incurred by the organisation or its members before the 16
cancellation. 17
(4) If an award, EFA, commission order, certified agreement or 18
industrial agreement bound the organisation and its members before the 19
cancellation-- 20
(a) on and from the cancellation, the association and its members do 21
not have the right to a benefit under the instrument; and 22
(b) the instrument stops having any operation for the association and 23
its members 21 days after the cancellation. 24
(5) Despite subsection (4)(b), the commission may, if an organisation or 25
interested person applies, make an order the commission considers 26
appropriate about the effect, if any, of an award, EFA, commission order, 27
130 Workplace Relations Act 1996, section 352 (Remedies on show cause)
s 193 150 s 194
Industrial Organisations
certified agreement or industrial agreement on the association and its 1
members. 2
(6) The organisation's property-- 3
(a) is the property of the association; and 4
(b) must be held and used for the association under the organisation's 5
rules, so far as they can still be carried out or complied with. 6
(7) Despite subsection (6), the full court may, if an interested person 7
applies, make an order the court considers appropriate to satisfy the 8
organisation's liabilities from the association's property. 9
ART 12--ACCOUNTS AND AUDIT 10
P
1--Preliminary 11
Division
of pt 12 12
Objects
193. The main objects of this part are to ensure that-- 13
(a) as far as practicable, an organisation is accountable to its 14
members for-- 15
(i) the organisation's financial transactions and its financial 16
position; and 17
(ii) money it spends on political objects; and 18
(b) the organisation complies with the provisions of-- 19
(i) the Australian accounting standards appropriate for it; and 20
(ii) this part. 21
for pt 12 22
Definition
194. In this part-- 23
"Australian accounting standards" means the written accounting 24
standards made by the Australian Accounting Standards Board. 25
s 195 151 s 196
Industrial Organisations
of "financial year" in pt 12 1
Meaning
195.(1) An organisation's financial year before its first financial year 2
after registration is not a financial year under this part. 3
(2) If an organisation's rules change its financial year, the time from the 4
end of the financial year before the change and the start of the first financial 5
year after the change is taken to be a financial year in this part.131 6
part to organisations with branches 7
Applying
196.(1) This part, other than this section and sections 197 and 215,132 8
applies to every branch of an organisation, as if-- 9
(a) the financial affairs, including transactions, of a branch did not 10
form part of the financial affairs of the organisation; and 11
(b) the branch were an organisation. 12
(2) For the application of this part under subsection (1)(b), in relation to a 13
branch of an organisation-- 14
(a) the members of the organisation forming the branch are taken to 15
be members of the branch; and 16
(b) employees of the organisation employed for the branch, whether 17
or not they are also employed for another branch, are taken to be 18
employees of the branch; and 19
(c) a journal published by the organisation is taken to be a journal 20
published by the branch. 21
(3) The registrar may on the application of an organisation with branches 22
and if satisfied about the things mentioned in subsection (4), give to the 23
organisation a certificate to that effect. 24
(4) The registrar may give the certificate only if satisfied-- 25
131 Under the dictionary in the schedule, definition "financial year", an
organisation's financial year means the period of 1 year beginning on 1 July, or
another period of 1 year provided in its rules.
132 Section 197 (Exemption for branches without financial affairs--Cwlth s 271A)
Section 215 (Organisation may file reports for branches)
s 197 152 s 198
Industrial Organisations
(a) the organisation's management committee has, by the 1
organisation's rules or established practice not inconsistent with 2
the rules-- 3
(i) the management and control of the assets of the organisation 4
including assets of the branches of the organisation; or 5
(ii) effective control over the financial management of the 6
organisation; and 7
(b) if subsections (1) and (2) did not apply to the organisation, it 8
would be able to comply with this part. 9
(5) If the registrar gives the certificate to the organisation subsections (1) 10
and (2) do not apply to it until the certificate is cancelled under 11
subsection (6). 12
(6) The registrar may by notice to the organisation, cancel the certificate if 13
the registrar is no longer satisfied about the things mentioned in 14
subsection (4) for the organisation. 15
for branches without financial affairs--Cwlth s 271A 16
Exemption
197.(1) If, on the application of a branch of an organisation, the registrar 17
is satisfied, after considering the circumstances prescribed under a 18
regulation, that the branch did not have any financial affairs in a financial 19
year, the registrar may issue to the branch a certificate to that effect for the 20
financial year. 21
(2) The certificate exempts the branch from the requirements of this part 22
for the financial year. 23
(3) The application must be made to the registrar within 90 days, or such 24
longer period as the registrar allows, after the end of the financial year. 25
2--Accounting obligations 26
Division
must keep proper accounting records 27
Organisations
198.(1) An organisation must keep-- 28
(a) documents ("accounting records") that-- 29
s 199 153 s 199
Industrial Organisations
(i) explain the methods and calculations about how its accounts 1
are made up; and 2
(ii) correctly record and explain its transactions and financial 3
position; and 4
(b) accounting records about the following-- 5
(i) if it has a political objects fund--contributions to and 6
expenditure from the fund; 7
(ii) contributions by members for political objects under 8
section 226;133 9
(iii) directions or amended directions to the organisation by 10
members about contributions to its political objects fund 11
under section 227;134 12
(c) other accounting records prescribed under a regulation. 13
Maximum penalty--40 penalty units. 14
(2) The organisation must keep its accounting records in a way that 15
enables-- 16
(a) accounts to be prepared from them under section 199; and 17
(b) the accounts to be conveniently and properly audited under this 18
part. 19
Maximum penalty--40 penalty units. 20
(3) Accounting records for income and expenditure must be kept in a 21
way prescribed under a regulation. 22
(4) The organisation must keep its accounting records for 7 years after 23
the completion of the transactions they are about. 24
Maximum penalty--40 penalty units. 25
accounts 26
Preparing
199.(1) An organisation must prepare the accounts and other statements 27
133 Section 226 (Contributions by members for political objects)
134 Section 227 (Member may give direction about contribution)
s 200 154 s 201
Industrial Organisations
(the "accounts") prescribed under a regulation for each financial year as 1
soon as practicable after the year ends. 2
Maximum penalty--40 penalty units. 3
(2) The organisation must include in the accounts-- 4
(a) the relevant figures from the preceding financial year's accounts 5
(other than its accounts for its first financial year after 6
registration); and 7
(b) the particulars prescribed under a regulation about each matter for 8
which a compulsory levy or voluntary contribution has been paid 9
to the organisation. 10
Maximum penalty--40 penalty units. 11
(3) A regulation may provide for a certificate to be given in, or for, the 12
accounts. 13
(4) In this section-- 14
"compulsory levy", for an organisation, means a levy payable by a 15
member to the organisation under its rules. 16
may give effect to Australian accounting standards 17
Regulation
200.(1) A regulation may give effect, with or without changes and 18
whether in whole or part, to the Australian accounting standards. 19
(2) A person must not contravene a regulation made under subsection (1) 20
that is declared to be a regulation to which this subsection applies. 21
Maximum penalty--40 penalty units. 22
may apply for information 23
Members
201.(1) A member of an organisation, or the registrar at a member's 24
request, may apply to the organisation for the information prescribed under 25
a regulation. 26
(2) The organisation must give the applicant the information requested in 27
the application in the time and way prescribed under a regulation. 28
Maximum penalty--40 penalty units. 29
s 202 155 s 203
Industrial Organisations
(3) If the registrar applies for a member, the registrar must give the 1
member all information given to the registrar. 2
(4) The organisation must include in the accounts a notice drawing 3
attention to subsections (1) to (3) and set them out. 4
Maximum penalty--40 penalty units. 5
duties 6
Officers'
202.(1) The registrar may require an organisation's officer to-- 7
(a) give the registrar information about the organisation's funds and 8
accounts; or 9
(b) comply with a direction about-- 10
(i) books and forms of accounts kept, or to be kept; or 11
(ii) entries made, or to be made in books and forms of accounts; 12
or 13
(iii) how the entries are made, or to be made, in books and forms 14
of account; or 15
(c) produce to the registrar, or an auditor appointed by the registrar, 16
the organisation's books. 17
(2) An officer must not contravene a requirement under subsection (1) 18
without reasonable excuse. 19
Maximum penalty--40 penalty units. 20
(3) It is a reasonable excuse for an officer not to comply with a 21
requirement under subsection (1) if doing so might tend to incriminate the 22
officer. 23
3--Audits 24
Division
25
Auditors
203.(1) An organisation must have an auditor when an auditor is 26
required to perform functions under this part for the organisation. 27
Maximum penalty--40 penalty units. 28
s 204 156 s 204
Industrial Organisations
(2) An organisation must ensure the person who performs an audit of the 1
organisation's accounts and financial statements and prepares the report on 2
them is a competent person. 3
Maximum penalty--40 penalty units. 4
(3) A person, other than a competent person, must not-- 5
(a) accept an appointment as an auditor; or 6
(b) continue in an appointment to perform an audit or prepare an 7
audit report. 8
Maximum penalty--40 penalty units. 9
(4) In this section-- 10
"competent person", for an audit or audit report for an organisation, 11
means-- 12
(a) if the organisation's financial year income is more than 13
$20 000--a person who is-- 14
(i) a registered company auditor; and 15
(ii) not an officer or a member of the organisation; and 16
(iii) not employed by the organisation, other than as its auditor; 17
or 18
(b) for another organisation--a person who is-- 19
(i) a registered company auditor or certified by the registrar as 20
having enough experience in keeping or auditing accounts; 21
and 22
(ii) not an officer or member of the organisation. 23
"financial year income", of an organisation, means its income in the 24
financial year immediately before the financial year being audited. 25
functions 26
Auditor's
204.(1) An organisation's auditor must-- 27
(a) inspect and audit the organisation's accounting records for each 28
financial year for which the auditor is appointed; and 29
s 204 157 s 204
Industrial Organisations
(b) make a report (an "audit report") to the organisation within 1
4 months after each financial year. 2
Maximum penalty--40 penalty units. 3
(2) The auditor must state in the audit report whether in the auditor's 4
opinion-- 5
(a) the organisation kept satisfactory accounting records for the 6
financial year, including records of the-- 7
(i) sources and nature of the organisation's income (including 8
income from members); and 9
(ii) nature and reasons for the organisation's expenditure; and 10
(b) the accounts for the year were properly drawn to give a true and 11
fair view of the organisation's-- 12
(i) financial affairs at the end of the year; and 13
(ii) income and expenditure and surplus or deficit for the year; 14
and 15
(c) the accounts for the year were prepared under-- 16
(i) the Australian accounting standards given effect by 17
regulation under section 200;135 and 18
(ii) this Act; and 19
(d) information and explanations required from the organisation's 20
officers or employees were given; and 21
(e) there was a deficiency, failure or shortcoming (an "accounting 22
deficiency") for a matter mentioned in paragraphs (a) to (c); and 23
(f) the organisation's accounting records were prepared in a way that 24
readily enabled the auditor to identify a contravention of 25
section 227.136 26
(3) An auditor performing auditor's functions for an organisation must 27
immediately give notice to the registrar if the auditor-- 28
135 Section 200 (Regulation may give effect to Australian accounting standards)
136 Section 227 (Member may give direction about contribution)
s 205 158 s 205
Industrial Organisations
(a) becomes aware a provision of this part has been contravened; and 1
(b) is of the opinion that the matter can not be adequately dealt with 2
by comment in the auditor's audit report. 3
Maximum penalty--40 penalty units. 4
(4) An auditor must not state anything in an audit report the auditor 5
knows is false and misleading in a material particular. 6
Maximum penalty--40 penalty units. 7
(5) A complaint against an auditor for an offence against subsection (4) 8
is sufficient if it states the statement made was false or misleading in a 9
material particular. 10
powers 11
Auditor's
205.(1) When exercising an auditor's functions under section 204 for an 12
organisation, the organisation's auditor has the right to-- 13
(a) full and free access at all reasonable times to the organisation's 14
records about its-- 15
(i) receipt or payment of money; or 16
(ii) acquisition, receipt, custody or disposal of assets; and 17
(b) ask the organisation's employees, members or officers for 18
information or explanations the auditor wants for the audit. 19
(2) An auditor may authorise another person to exercise powers under 20
subsection (1) for an organisation. 21
(3) If an auditor authorises a person under subsection (2), the auditor 22
must give the organisation notice of the person's name and address. 23
(4) The organisation or its employees, members or officers must not 24
prevent the organisation's auditor exercising the auditor's rights under 25
subsection (1) without reasonable excuse. 26
Maximum penalty--40 penalty units. 27
(5) The auditor may require the organisation or its employees, members 28
or officers to produce to the auditor a document in the person's custody or 29
control. 30
s 206 159 s 207
Industrial Organisations
(6) The organisation or the employee, member or officer must give the 1
auditor the document unless the organisation employee, member or officer 2
has a reasonable excuse. 3
Maximum penalty--40 penalty units. 4
(7) It is a reasonable excuse for a person not to give a document to an 5
auditor if doing so might tend to incriminate the person. 6
(8) A person does not commit an offence against this section if the 7
person did not know, and could not reasonably have known, that the person 8
for whom the offence is alleged to have been committed was an auditor. 9
(9) In this section-- 10
"auditor" includes-- 11
(a) a person authorised by an auditor under this section; and 12
(b) an auditor engaged by the registrar under section 220(4).137 13
fees and expenses 14
Auditor's
206. An organisation must pay its auditor's reasonable fees and 15
expenses. 16
auditors 17
Removing
207. An organisation's auditor may only be removed during the 18
auditor's appointed term by-- 19
(a) if the auditor was appointed by the organisation's management 20
committee--a resolution passed at a committee meeting by an 21
absolute majority of its members; or 22
(b) if the auditor was appointed by a general meeting of the 23
organisation--a resolution passed at a general meeting by a 24
majority of members voting at the meeting. 25
137 Section 220 (Registrar's examinations and audits)
s 208 160 s 209
Industrial Organisations
have qualified privilege 1
Auditors
208.(1) It is lawful for an auditor to make an oral or written statement or 2
comment that is defamatory if it is-- 3
(a) made in good faith; and 4
(b) made in the course of performing the auditor's functions as an 5
auditor under this Act; and 6
(c) relevant to the auditor's functions. 7
(2) It is lawful for a person to publish in good faith, a document that 8
contains defamatory matter, if the document was-- 9
(a) prepared by an auditor in the course of performing functions as 10
an auditor under this Act; and 11
(b) required to be filed with or made to the registrar under this Act. 12
(3) In this section-- 13
"auditor" means-- 14
(a) an organisation's auditor; or 15
(b) an auditor engaged by the registrar under section 220.138 16
Division 4--Presenting and lodging audit reports and accounts 17
to annual general meeting 18
Presentation
209.(1) An organisation must present its audit report and the accounts the 19
report is about to an annual general meeting before-- 20
(a) 5 months after the end of the financial year that the report and 21
accounts are about; or 22
(b) if the registrar has extended the time to hold the meeting--the 23
extended time. 24
Maximum penalty--40 penalty units and an additional penalty of 5 penalty 25
units for each week the provision is contravened. 26
138 Section 220 (Registrar's examinations and audits)
s 210 161 s 212
Industrial Organisations
(2) An offence against subsection (1) that continues from week to week 1
is a continuing offence. 2
of time to hold annual general meeting 3
Extension
210.(1) An organisation may apply to the registrar for an extension of 4
time to hold an annual general meeting if-- 5
(a) its management committee has resolved to make the application; 6
and 7
(b) the application is filed before the time the meeting must be held 8
under section 209(1)(a).139 9
(2) The registrar may extend the time to hold the meeting to a stated time, 10
with or without conditions. 11
to committee meeting if a deficiency 12
Presentation
211.(1) This section applies if-- 13
(a) an audit report made to an organisation states details of an 14
accounting deficiency for the accounts; and 15
(b) the report and the accounts the report is about are not presented to 16
a general meeting within 7 days of the making of the report. 17
(2) The organisation must present the report and accounts to a 18
management committee meeting called for that purpose within 7 days. 19
Maximum penalty--40 penalty units and an additional penalty of 5 penalty 20
units for each week the provision is contravened. 21
(3) An offence against subsection (2) that continues from week to week 22
is a continuing offence. 23
of report must be given to members 24
Copies
212.(1) An organisation must give its members a copy of its audit report 25
and the accounts the report is about at least 14 days before the annual 26
general meeting that the report and accounts must be laid before. 27
139 Section 209 (Presentation to annual general meeting)
s 213 162 s 213
Industrial Organisations
Maximum penalty--40 penalty units and an additional penalty of 5 penalty 1
units for each week the provision is contravened. 2
(2) An offence against subsection (1) that continues from week to week 3
is a continuing offence. 4
(3) The report and accounts-- 5
(a) may be given with the notice to members of the meeting if the 6
notice is given at least 14 days before the meeting; and 7
(b) must be given free of charge. 8
(4) If an organisation publishes a journal or newsletter that it gives to its 9
members free of charge, it may give the report and accounts the report is 10
about to its members by publishing the report and accounts in the journal or 11
newsletter. 12
or misleading statements about reports 13
False
213.(1) This section applies if-- 14
(a) a member of an organisation's management committee-- 15
(i) gives the organisation's members a copy of its audit report 16
and the statements or accounts the report is about; or 17
(ii) presents the report and the accounts to an annual general 18
meeting or a management committee meeting of the 19
organisation; and 20
(b) the member comments on a matter dealt with in the audit report 21
and the statements. 22
(2) The member must not state anything in the comment the member 23
knows is false or misleading in a material particular. 24
Maximum penalty--40 penalty units. 25
(3) A complaint against the member for an offence against this section is 26
sufficient if it states the statement made was false or misleading in a 27
material particular. 28
s 214 163 s 215
Industrial Organisations
reports with registrar 1
Lodging
214.(1) This section applies if an organisation has presented its audit 2
report and the accounts the report is about under section 209 or 211.140 3
(2) The organisation must within 14 days, or a longer time allowed by 4
the registrar, file with the registrar-- 5
(a) copies of the audit report and the accounts; and 6
(b) a certificate by the organisation's president or secretary that the 7
documents filed are copies of the presented documents. 8
Maximum penalty--40 penalty units and an additional penalty of 5 penalty 9
units for each week the provision is contravened. 10
(3) An offence against subsection (2) that continues from week to week 11
is a continuing offence. 12
may file reports for branches 13
Organisation
215.(1) This section applies if-- 14
(a) an organisation, other than an organisation for which a certificate 15
by the registrar under section 196(3)141 is in force, has relevant 16
branches; and 17
(b) each of the organisation's relevant branches has-- 18
(i) rules that apply this section, or otherwise provide for lodging 19
the branch's audit report and the accounts the report is about 20
under subsection (4); and 21
(ii) a financial year ending on the same day. 22
(2) Section 214(2) does not apply to a relevant branch of the 23
organisation. 24
(3) The organisation must file with the registrar within 14 days after the 25
relevant day for the organisation, or a longer time allowed by the registrar-- 26
140 Section 209 (Presentation to annual general meeting)
Section 211 (Presentation to committee meeting if a deficiency)
141 Section 196 (Applying part to organisations with branches)
s 215 164 s 215
Industrial Organisations
(a) copies of the relevant branches' audit reports and accounts 1
presented under section 209;142 and 2
(b) a certificate by the president or secretary of the branch that the 3
audit reports and the accounts filed are copies of the documents 4
presented. 5
(4) If the organisation contravenes subsection (3), each relevant branch 6
must file with the registrar within 14 days after the day for lodgment under 7
subsection (3), or a longer time allowed by the registrar-- 8
(a) copies of the branch's presented audit report and the accounts; 9
and 10
(b) a certificate by the president or secretary of the branch that the 11
audit reports and the audited accounts filed are copies of the 12
documents presented. 13
(5) If a relevant branch contravenes subsection (4), the organisation 14
commits a continuing offence. 15
Maximum penalty--40 penalty units and an additional penalty of 5 penalty 16
units for each week this the provision is contravened. 17
(6) Sections 216 to 219143 apply to a relevant branch as if the references 18
to documents filed under section 214144 were references to the audit report 19
and accounts of the relevant branch filed-- 20
(a) if subsection (4) does not apply to the branch--by the 21
organisation under subsection (3); or 22
(b) if subsection (4) applies to the branch--by the branch under 23
subsection (4). 24
142 Section 209 (Presentation to annual general meeting)
143 Section 216 (Registrar's investigations)
Section 219 (Offences about registrar's investigations)
144 Section 214 (Lodging reports with registrar)
s 216 165 s 216
Industrial Organisations
(7) In this section-- 1
"relevant branch" of an organisation means each part of the organisation 2
to which part 12, other than this section, section 196145 and 3
section 212(4), applies under section 196(1)(a) or (b), other than a part 4
of an organisation for which a certificate has been given under 5
section 223(2) for a particular financial year. 6
"relevant day" for an organisation, means the day when copies of the audit 7
reports and the accounts the reports are about of all relevant branches 8
of the organisation have been presented under section 209 or 211.146 9
5--Registrar's investigations and audits 10
Division
investigations 11
Registrar's
216.(1) This section applies if the documents filed by an organisation 12
with the registrar under section 214-- 13
(a) include an auditor's report stating details of an accounting 14
deficiency in the organisation's accounts; or 15
(b) state another matter the registrar considers should be investigated. 16
(2) The registrar must investigate the deficiency or matter. 17
(3) However, the registrar need not investigate the deficiency or matter if 18
after consulting with the organisation and the auditor, the registrar is 19
satisfied the deficiency or matter-- 20
(a) is trivial; or 21
(b) will be remedied in the next financial year. 22
(4) The registrar may investigate the organisation's finances or financial 23
administration if, because of an investigation under subsection (2), the 24
registrar considers there are grounds to investigate them. 25
145 Section 196 (Applying part to organisations with branches)
146 Section 209 (Presentation to annual general meeting)
Section 211 (Presentation to committee meeting if a deficiency)
s 217 166 s 218
Industrial Organisations
(5) The registrar must investigate the organisation's finances or financial 1
administration if requested by-- 2
(a) if the organisation has more than 5 000 members--at least 3
250 members; or 4
(b) otherwise--at least 5% of the organisation's members. 5
may conduct other investigations--Cwlth s 280A 6
Registrar
217. The registrar may, in the circumstances stated in a regulation, or if 7
the registrar is otherwise satisfied there are reasonable grounds for doing so, 8
investigate whether-- 9
(a) the accounts of an organisation contain an accounting deficiency; 10
or 11
(b) a provision of this part has been contravened by any person; or 12
(c) a regulation made for the purposes of this part has been 13
contravened by any person; or 14
(d) a rule of an organisation relating to its finances or financial 15
administration has been contravened. 16
under ss 216 and 217--Cwlth s 280B 17
Investigations
218.(1) For the purpose of making an investigation under section 216 or 18
217,147 the registrar may, by notice, require a person to whom 19
subsection (2) applies-- 20
(a) to provide the registrar with specified information relevant to the 21
investigation; or 22
(b) to attend before the registrar to answer questions relating to 23
matters relevant to the investigation, and to produce to the 24
registrar all records and other documents in the custody or under 25
the control of the officer, employee or person relating to those 26
matters. 27
147 Section 216 (Registrar's investigation)
Section 217 (Registrar may conduct other investigations--Cwlth s 280A)
s 219 167 s 219
Industrial Organisations
(2) This subsection applies to-- 1
(a) an officer or employee of the organisation concerned; and 2
(b) a former officer or employee of the organisation, who is a 3
member of the organisation; and 4
(c) a person who held the position of auditor of the organisation 5
during the period the subject of the investigation. 6
(3) If, at the conclusion of an investigation under section 216 or 217, the 7
registrar is satisfied the organisation concerned has contravened any of the 8
following, the registrar must notify the organisation to that effect-- 9
(a) a provision of this Act; 10
(b) a rule of the organisation relating to the finances or financial 11
administration of the organisation. 12
(4) The notice must include a request that the organisation take specified 13
action, within a specified period, to rectify the matter. 14
(5) The organisation must comply with that request. 15
(6) The court may, on application by the registrar, make such orders as it 16
thinks appropriate to ensure that the organisation complies with 17
subsection (5). 18
(7) The registrar must not take proceedings under this Act against the 19
organisation in relation to a matter the subject of the notice unless the 20
organisation has refused or failed to comply with the request made in the 21
notice. 22
about registrar's investigations 23
Offences
219.(1) This section applies if a person has been given a notice under 24
section 218. 25
(2) The person must not, without reasonable excuse-- 26
(a) fail to-- 27
(i) provide specified information, or produce records, and other 28
documents that the person is required to provide or to 29
produce under section 218(1); or 30
(ii) attend before the registrar; or 31
s 220 168 s 220
Industrial Organisations
(b) give the registrar information, or produce a record, under 1
section 218(1) that the person knows is false or misleading in a 2
material particular; or 3
(c) make an oral or written statement to the registrar under 4
section 218(1) that the person knows is false or misleading in a 5
material particular. 6
Maximum penalty--40 penalty units. 7
(3) Subsection (2)(b) does not apply to a person if the person, when 8
giving the information record-- 9
(a) informs the registrar, to the best of the person's ability, how it is 10
false or misleading; and 11
(b) if the person has, or can reasonably obtain the correct information 12
or record--gives the information or record. 13
(4) It is a reasonable excuse for a person not to comply with 14
subsection (2)(a) to (c) if doing so might tend to incriminate the person. 15
(5) A person does not commit an offence against subsection (2)(a) only 16
because of a failure to answer a question. 17
(6) In subsection (2) a reference to section 218(1) includes a reference to 18
that section as it applies under section 215(6).148 19
(7) A complaint against a person for an offence against this section is 20
sufficient if it states the statement made was false or misleading in a 21
material particular. 22
examinations and audits 23
Registrar's
220.(1) The registrar may engage an auditor to examine an organisation's 24
accounting records if dissatisfied with the way-- 25
(a) an inspection and audit of the records has been done; or 26
148 Section 215 (Organisation may file reports for branches)
s 220 169 s 220
Industrial Organisations
(b) the organisation's audit report and the accounts the audit is about 1
have been presented under section 209 or 211.149 2
(2) The registrar must give the auditor notice of the engagement for the 3
examination and the organisation it is for. 4
(3) The auditor must examine the accounting records and report on them 5
to the registrar. 6
(4) The registrar may engage the auditor to audit the organisation's 7
accounts, accounting records and affairs for a stated period if, because of the 8
auditor's report to the registrar, the registrar has reason to believe-- 9
(a) the organisation does not keep accounting records; or 10
(b) the organisation has an accounting deficiency in its accounts; or 11
(c) the organisation's property has been misappropriated or 12
improperly applied; or 13
(d) the organisation, or an officer of the organisation, has committed 14
an offence about the organisation's property. 15
(5) The registrar must give the auditor notice of the engagement for the 16
audit, the organisation it is for and the period the audit is for. 17
(6) The auditor must give an audit report to the registrar and not the 18
organisation. 19
(7) For an examination of an organisation's accounting records or an 20
audit of an organisation's accounts, accounting records and affairs-- 21
(a) the auditor, or a person (an "authorised person") authorised in 22
writing by the auditor, has the powers, rights and functions of an 23
auditor under sections 204 and 205;150 and 24
(b) a reference in sections 204 and 205 to a financial year is taken to 25
be a reference to the stated period in subsection (4). 26
(8) The auditor or an authorised person may require an officer, employee 27
or a person having custody of records for the organisation's affairs to give 28
149 Section 209 (Presentation to annual general meeting)
Section 211 (Presentation to committee meeting if a deficiency)
150 Section 204 (Auditor's functions)
Section 205 (Auditor's powers)
s 221 170 s 221
Industrial Organisations
the auditor, or authorised person, information that is-- 1
(a) within their knowledge or control; and 2
(b) required by the auditor for an examination or audit under this 3
section. 4
(9) A person must not contravene a requirement under subsection (8) 5
without reasonable excuse. 6
Maximum penalty-- 7
(a) for an organisation or other corporation--40 penalty units; or 8
(b) otherwise--4 penalty units. 9
(10) It is a reasonable excuse for a person not to comply with a 10
requirement under subsection (8) if so doing might tend to incriminate the 11
person. 12
(11) The costs of or associated with an examination or audit under this 13
section must be paid by the organisation if demanded by the registrar. 14
(12) The registrar may recover by a proceeding in a court of competent 15
jurisdiction costs under subsection (11) not paid on demand, as a debt 16
payable from the organisation to the registrar. 17
Division 6--Auditors may attend meetings 18
of meeting to auditor 19
Notice
221.(1) This section applies if an auditor's audit report to an organisation 20
and the accounts the audit is about are to be presented at an annual general 21
or management committee meeting of the organisation. 22
(2) The organisation must give the auditor notice of the meeting. 23
Maximum penalty--40 penalty units. 24
(3) In this section-- 25
"notice", of a meeting, means the notice of the meeting and other 26
communications about it that the organisation's members or the 27
committee members have the right to receive. 28
s 222 171 s 223
Industrial Organisations
may attend meetings 1
Auditor
222.(1) This section applies if, at part of an organisation's annual general 2
or management committee meeting-- 3
(a) its auditor's audit report and the accounts the audit is about are to 4
be presented or considered; or 5
(b) business is to be conducted at the meeting about the auditor, in 6
that capacity. 7
(2) The auditor, or another person authorised by the auditor under this 8
section, may attend and address the part of the meeting. 9
(3) If an auditor authorises a person (a "substitute") under 10
subsection (2), the auditor must give the organisation notice of the 11
substitute's name and address. 12
(4) An officer, employee or member of the organisation must not 13
prevent the auditor or the substitute from attending or addressing the part of 14
the meeting unless the officer, employee or member has a reasonable 15
excuse. 16
Maximum penalty--40 penalty units. 17
(5) If the auditor or the substitute attends the part of the meeting, the 18
presiding officer for the meeting must allow the auditor or the substitute to 19
address the meeting, as soon as is practicable after the auditor or the 20
substitute indicates to the presiding officer that he or she wishes to speak. 21
Maximum penalty--40 penalty units. 22
(6) However, a person does not commit an offence against this section if 23
the person did not know, and could not reasonably have known, that the 24
person for whom the offence is alleged to have been committed was an 25
auditor or substitute. 26
7--Exemption for organisations with low income 27
Division
and audits for low income organisations 28
Accounts
223.(1) This section applies if, on the application of an organisation made 29
after the end of a financial year, the registrar is satisfied the organisation's 30
income for the year was not over-- 31
s 223 172 s 223
Industrial Organisations
(a) for a financial year that, because of section 195151 is a period 1
other than 1 year--such amount as the registrar considers 2
appropriate in the circumstances; or 3
(b) for any other financial year--$20 000, unless a higher amount is 4
prescribed under a regulation. 5
(2) The registrar must issue a certificate to the organisation to that effect. 6
(3) If a certificate is given under subsection (2) for an organisation for a 7
financial year-- 8
(a) the following provisions of this section apply to the organisation 9
for the year; and 10
(b) except as provided in paragraph (c), this part continues to apply to 11
the organisation for the year; and 12
(c) sections 199, 209, 211 and 214(1) 152 do not apply to the 13
organisation for the year. 14
(4) This part, other than this section, applies to the organisation for the 15
year as if-- 16
(a) a reference to accounts were a reference to accounts prepared 17
under subsection (6); and 18
(b) the reference in section 201(4)153 to accounts were a reference to 19
accounts prepared under subsection (6); and 20
(c) the reference in section 216(1) to section 214 was a reference to 21
subsection (10). 22
151 Section 195 (Meaning of "financial year in pt 12)
152 Section 199 (Preparing accounts)
Section 209 (Presentation to annual general meeting)
Section 211 (Presentation to committee meeting if a deficiency)
Section 214 (Lodging reports with registrar)
153 Section 201 (Members may apply for information)
s 223 173 s 223
Industrial Organisations
(5) Sections 209, 211 and 213154 apply to the organisation for the 1
financial year as if a reference in sections 209 and 211 about presenting an 2
auditor's report was a reference to subsection (8). 3
(6) The organisation must, as soon as practicable after a certificate under 4
subsection (2) is given-- 5
(a) prepare from its accounting records for the year, the accounts 6
prescribed under a regulation and other statements for the year; 7
and 8
(b) must include in the accounts, other than the accounts prepared for 9
the first financial year of the organisation to which this part 10
applies, the relevant figures from the organisation's accounts for 11
the preceding financial year. 12
Maximum penalty--40 penalty units. 13
(7) A regulation may provide for giving certificates about accounts 14
prepared under subsection (6). 15
(8) The organisation must present copies of its auditor's audit report and 16
the accounts the report is about prepared under subsection (6) for the year to 17
an annual general meeting of the organisation before the next financial year 18
ends. 19
Maximum penalty--40 penalty units. 20
(9) An organisation must give a copy of the audit report or the accounts 21
the report is about free of charge to a member who requests it within 22
14 days of receiving the request. 23
Maximum penalty--40 penalty units. 24
(10) The organisation must file with the registrar within 90 days after it 25
presents the audit report, or a later time the registrar allows-- 26
(a) copies of the report and the accounts; and 27
154 Section 209 (Presentation to annual general meeting)
Section 211 (Presentation to committee meeting if a deficiency)
Section 213 (False or misleading statements about reports)
s 224 174 s 224
Industrial Organisations
(b) a certificate by the organisation's president or secretary that the 1
information in the accounts is correct. 2
Maximum penalty--40 penalty units. 3
8--Political objects funds 4
Division
is spending money on political objects 5
What
224.(1) An organisation spends money on "political objects" if it 6
spends its money on payments to or for-- 7
(a) a political party; or 8
(b) the direct or indirect costs or expenses of a candidate or 9
prospective candidate for election to the Legislative Assembly, the 10
Parliament of the Commonwealth or another State or to a local 11
government, before, during or after the candidate's candidature or 12
election; or 13
(c) holding a meeting or distributing documents supporting a 14
candidate; or 15
(d) registering electors for an election mentioned in paragraph (b) or 16
selecting a candidate; or 17
(e) holding a political meeting or distributing political documents; or 18
(f) a person on the understanding that the payment will be directly or 19
indirectly applied in whole or in part on a matter of a type 20
mentioned in paragraphs (a) to (e). 21
(2) In this section-- 22
"political party" see-- 23
(a) Commonwealth Electoral Act 1918 (Cwlth), section 4;155 and 24
(b) Electoral Act 1992, section 3;156 and 25
155 Commonwealth Electoral Act 1918 (Cwlth), section 4 (Interpretation)
156 Electoral Act 1992, section 3 (Definitions)
s 225 175 s 226
Industrial Organisations
(c) Local Government Act 1993, section 4.157 1
"spend" includes lend. 2
objects fund 3
Political
225.(1) This section applies if an organisation spends money on political 4
objects. 5
(2) The organisation must-- 6
(a) have a political objects fund; and 7
(b) keep its political objects fund separate and distinct from its other 8
funds; and 9
(c) only spend money on political objects from its political objects 10
fund. 11
Maximum penalty--40 penalty units. 12
by members for political objects 13
Contributions
226. An organisation that has a political objects fund must not-- 14
(a) include in the membership subscription for the organisation a 15
contribution to the organisation's political objects fund; or 16
(b) require a member of the organisation to contribute to the 17
organisation's political objects fund unless-- 18
(i) the organisation decides a separate rate for the contribution; 19
and 20
(ii) the member has given notice to the organisation that the 21
member wants to make a contribution; and 22
(iii) the member has not cancelled the notice; or 23
(c) pay the contribution into a fund other than its political objects 24
fund. 25
Maximum penalty--40 penalty units. 26
157 Local Government Act 1993, section 4 (Definitions)
s 227 176 s 228
Industrial Organisations
may give direction about contribution 1
Member
227.(1) This section applies if-- 2
(a) an organisation has a political objects fund; and 3
(b) a member of the organisation makes a contribution to its political 4
objects fund. 5
(2) When the member makes the contribution, the member may give the 6
organisation a written direction to spend the contribution on the political 7
objects stated by the member. 8
(3) The organisation must spend money in its political objects fund from 9
the contribution (other than interest or other earnings) as required by the 10
direction. 11
Maximum penalty--40 penalty units. 12
(4) The member may change the direction by giving notice of the change 13
to the organisation. 14
(5) The amended direction is taken to be the direction from when the 15
notice is given. 16
(6) A direction or amended direction must be given before the 17
organisation spends all of the contribution. 18
disadvantage to non-contributing members 19
No
228.(1) This section applies if-- 20
(a) an organisation has a political objects fund; and 21
(b) a member of the organisation has not made a contribution to the 22
fund. 23
(2) Because the member has not made a contribution, a person must 24
not-- 25
(a) exclude the member from the benefits of membership of the 26
organisation; or 27
(b) place, directly or indirectly, the member under a disability or 28
disadvantage compared with other organisation members. 29
s 229 177 s 230
Industrial Organisations
Maximum penalty-- 1
(a) for an organisation or other corporation--40 penalty units; or 2
(b) otherwise--4 penalty units. 3
(3) However, the member does not have an interest in the fund. 4
(4) In this section-- 5
"interest", in a political objects fund, means interest in-- 6
(a) anything concerning the fund, other than the organisation's 7
decision on the contribution rate payable by contributors to the 8
fund; or 9
(b) the fund's disposition, management or control. 10
from fund must be under a direction or approved 11
Payments
229. An organisation must not spend money out of its political objects 12
fund for which no direction has been given under section 227158 unless 13
spending the money is approved by-- 14
(a) the organisation's state council; or 15
(b) if the organisation does not have a state council--a body 16
approved by the chief commissioner as having the functions of a 17
state council. 18
Maximum penalty--40 penalty units. 19
must ensure organisation complies with division 20
Officers
230.(1) An organisation's officers must ensure that the organisation 21
complies with this division. 22
(2) If an organisation commits an offence against a provision of this 23
division, an officer of the organisation commits an offence, namely, the 24
offence of failing to ensure that the organisation complies with the 25
provision. 26
158 Section 227 (Member may give direction about contribution)
s 231 178 s 231
Industrial Organisations
Maximum penalty for subsection (2)--the penalty for the contravention of 1
the provision by the organisation. 2
(3) However, it is a defence for an officer to prove-- 3
(a) if the officer was in a position to influence the conduct of the 4
organisation in relation to the offence, the officer exercised 5
reasonable diligence to ensure the organisation complied with the 6
provision; or 7
(b) the officer was not in a position to influence the conduct of the 8
organisation in relation to the offence. 9
(4) Evidence that the organisation has been convicted of an offence 10
against a provision of this division is evidence that the officer committed the 11
offence of failing to ensure that the organisation complies with the 12
provision. 13
statements of political expenditure 14
Filing
231.(1) An organisation must-- 15
(a) file with the registrar after the end of each of its financial years 16
within the time prescribed under a regulation, a statement 17
showing the appropriate details of expenditure in the year by the 18
organisation on political objects; and 19
(b) ensure that the statement is certified by a statutory declaration of 20
the organisation's secretary or other officer prescribed under a 21
regulation to be a correct statement of the information that it 22
contains. 23
Maximum penalty--40 penalty units. 24
(2) However, the statement does not have to give details for a payment if 25
the payment was less than-- 26
(a) for a payment to an individual--$200; or 27
(b) otherwise--$1 500. 28
(3) The organisation must not file a statement that is false or misleading 29
in a material particular to the knowledge of the officer that certified it. 30
Maximum penalty--40 penalty units. 31
s 232 179 s 232
Industrial Organisations
(4) A complaint against an organisation for an offence against 1
subsection (3) is sufficient if it states the statement made was false or 2
misleading in a material particular. 3
(5) A statement filed with the registrar must be made available for 4
inspection at the registrar's office in the way prescribed under a regulation. 5
(6) In this section-- 6
"appropriate details", of payments by an organisation on political objects 7
in a year, means all of the following-- 8
(a) the amount of each payment; 9
(b) the way in which each payment was made; 10
(c) the name and address of the person to whom each payment was 11
made; 12
(d) if the organisation has more than 1 political objects fund--the 13
political objects fund from which each payment was made. 14
PART 13--PRESUMED VALIDITY OF 15
ORGANISATIONS' ACTIONS 16
for pt 13 17
Definitions
232. In this part-- 18
"collective body", for an organisation or a branch of the organisation, 19
means-- 20
(a) its management committee; or 21
(b) a conference, council, committee, panel or other body of, or 22
within the organisation or branch. 23
"invalidity" includes nullity and includes invalidity resulting from an 24
omission or because-- 25
(a) a person purporting to act as a member or officer of a collective 26
body of an organisation or branch-- 27
s 233 180 s 233
Industrial Organisations
(i) is not duly elected or appointed; or 1
(ii) did not, or did not at a material time, have the right to be 2
elected or appointed or to hold office; or 3
(iii) was not, or not at a material time, a member of the 4
organisation or branch; or 5
(iv) claims to have been elected or appointed by an alleged 6
election or appointment and a person who participated in that 7
election or appointment did not have the right to; or 8
(b) a person took part in the alleged making or an amendment to an 9
organisation's or branch's rules, as an officer, voter or otherwise 10
who did not have the right to. 11
"omission" includes a defect, error, irregularity or absence of a quorum. 12
actions taken in good faith 13
Validating
233.(1) Actions done in good faith by persons purporting to act as a 14
collective body of an organisation or branch are valid despite an invalidity 15
discovered later in-- 16
(a) electing or appointing-- 17
(i) the collective body; or 18
(ii) persons purporting to act as the collective body; or 19
(b) making or amending the rules of the organisation or branch. 20
(2) Actions done in good faith by a person purporting to be an officer of 21
an organisation or branch, are valid despite an invalidity discovered later 22
in-- 23
(a) the person's election or appointment; or 24
(b) making or amending the rules of the organisation or branch. 25
(3) A person is not taken to purport to act as a member of a collective 26
body of, or as the holder of an office in, an organisation or branch unless 27
the person has in good faith-- 28
(a) purported to be the member or officer; and 29
s 233 181 s 233
Industrial Organisations
(b) has been treated by the members or officers of the organisation or 1
branch as being the member or officer. 2
(4) In this section-- 3
(a) an action is taken to be done in good faith unless proved 4
otherwise; and 5
(b) a person who has purported to be a member of a collective body 6
of an organisation or branch is taken to have done so in good faith 7
unless proved otherwise; and 8
(c) knowledge of facts from which an invalidity arose is not by itself 9
knowledge of the invalidity; and 10
(d) an invalidity in any of the following is taken not to be discovered 11
until known by a majority of the members of the management 12
committee of an organisation or branch, or the purported 13
members of the committee-- 14
(i) electing or appointing-- 15
(A) a collective body of the organisation or branch; or 16
(B) a person who purports to be a member of the collective 17
body; 18
(ii) another election or appointment; 19
(iii) making or amending rules of the organisation or branch; 20
(iv) making or amending a rule to which this section applies. 21
(5) This section-- 22
(a) does not affect the operation of part 5; and 23
(b) does not validate expelling, suspending, fining or penalising a 24
member of an organisation if taking that action would not have 25
been valid had this section not been enacted; and 26
(c) applies to an action done-- 27
(i) before or after the commencement of this Act; and 28
(ii) about an association before it became an organisation. 29
s 234 182 s 234
Industrial Organisations
acts after 4 years 1
Validating
234.(1) This section applies if more than 4 years have elapsed after any 2
of the following events-- 3
(a) the doing of an action by-- 4
(i) persons purporting to-- 5
(A) act as a collective body of an organisation or branch; 6
and 7
(B) exercise power under the rules of the organisation or 8
branch; or 9
(ii) a person purporting to-- 10
(A) hold an office in an organisation or branch; and 11
(B) exercise power under the rules of the organisation or 12
branch; 13
(b) the alleged election or appointment to an office in an organisation 14
or branch; 15
(c) an alleged making or amendment of a rule of an organisation or 16
branch. 17
(2) The event is taken to have been done under the rules of the 18
organisation or branch. 19
(3) However, this section does not affect an order, judgment, decree, 20
declaration, direction, verdict, sentence, decision or similar act of the court 21
or another court about the event made before the 4 years ends. 22
(4) This section applies to an event happening-- 23
(a) before or after the commencement; and 24
(b) to an association before it became an organisation. 25
s 235 183 s 236
Industrial Organisations
PART 14--FREEDOM OF ASSOCIATION 1
1--Preliminary 2
Division
of pt 14--Cwlth s 298A 3
Objects
235. As well as the objects set out in section 3, 159 this part has these 4
objects-- 5
(a) to ensure that employers, employees and independent contractors 6
are free to join industrial associations of their choice or not to join 7
industrial associations; and 8
(b) to ensure that employers, employees and independent contractors 9
are not discriminated against or victimised because they are, or 10
are not, members or officers of industrial associations. 11
s 298B 12
Definitions--Cwlth
236.(1) In this part-- 13
"conduct" includes an omission. 14
"industrial action" means-- 15
(a) the performance of work in a way different from that in which it 16
is customarily performed, or the adoption of a certain practice in 17
relation to work, the result of which is a restriction or limitation 18
on, or a delay in, the performance of the work, where-- 19
(i) the terms and conditions of the work are prescribed, wholly 20
or partly, by an industrial instrument or an order of an 21
industrial body; or 22
(ii) the work is performed, or the practice is adopted, in 23
connection with an industrial dispute; or 24
159 Section 3 (Objects of Act)
s 236 184 s 236
Industrial Organisations
(b) a ban, limitation or restriction on the performance of work, or 1
acceptance of or offering for work, under the terms and 2
conditions prescribed by an industrial instrument or by an order 3
of an industrial body; or 4
(c) a ban, limitation or restriction on the performance of work, or on 5
acceptance of or offering for work that is adopted in connection 6
with an industrial dispute; or 7
(d) a failure or refusal by persons to attend for work or a failure or 8
refusal to perform any work at all by persons who attend for 9
work; or 10
(e) conduct carried out with a purpose or intent relating to a person's 11
participation or non-participation in the things mentioned in 12
paragraphs (a) to (d); 13
but does not include-- 14
(f) action by employees that is authorised or agreed to by the 15
employer of the employees; or 16
(g) action by an employer that is authorised or agreed to by or on 17
behalf of employees of the employer; or 18
(h) action by an employee if-- 19
(i) the action was based on a reasonable concern by the 20
employee about an imminent risk to the employee's health 21
or safety; and 22
(ii) the employee did not unreasonably fail to comply with a 23
direction of his or her employer to perform other available 24
work, whether at the same or another workplace, that was 25
safe and appropriate for the employee to perform. 26
"industrial association" means-- 27
(a) an association of employees or independent contractors, or an 28
association of employers, that is registered or recognised as such 29
an association, however described, under an industrial law; or 30
(b) an association of employees or independent contractors a 31
principal purpose of which is the protection and promotion of 32
their interests in matters about their employment, or their interests 33
as independent contractors, as the case requires; or 34
s 236 185 s 236
Industrial Organisations
(c) an association of employers a principal purpose of which is the 1
protection and promotion of their interests in matters about 2
employment or independent contractors; or 3
(d) a branch of an association mentioned in paragraphs (a) to (c). 4
"industrial body" means-- 5
(a) the commission; or 6
(b) a court or commission, however designated, exercising industrial 7
law powers and functions corresponding to those conferred on 8
the commission by this Act. 9
"industrial dispute" means-- 10
(a) an industrial dispute, including a threatened, impending or 11
probable industrial dispute, that is about an industrial matter; or 12
(b) a situation that is likely to give rise to an industrial dispute of the 13
kind mentioned in paragraph (a); or 14
(c) a dispute arising between 2 or more industrial associations, or 15
within an industrial association, as to the rights, status or 16
functions of members of the association or association in relation 17
to the employment of those members; or 18
(d) a dispute arising between employers and employees, or between 19
members of different industrial associations, as to the 20
demarcation of functions of employees or classes of employees; 21
or 22
(e) a dispute about the representation under an industrial law of the 23
industrial interests of employees by an industrial association of 24
employees. 25
"industrial instrument" means an award or agreement, however 26
designated, that-- 27
(a) is made under or recognised by an industrial law; and 28
(b) concerns the relationship between an employer and the 29
employer's employees. 30
"industrial law" means this Act or another Act that regulates the 31
relationships between employers and employees. 32
s 237 186 s 237
Industrial Organisations
"officer", in relation to an industrial association, includes-- 1
(a) a delegate or other representative of the association; and 2
(b) an employee of the association. 3
"organisation" includes a branch of an organisation. 4
(2) For the purposes of this part, action done by one of the following 5
bodies or persons is taken to have been done by an industrial association-- 6
(a) the management committee of the industrial association; 7
(b) an officer or agent of the industrial association acting in that 8
capacity; 9
(c) a member or group of members of the industrial association 10
acting under the rules of the association; 11
(d) a member of the industrial association, who performs the 12
function of dealing with an employer on behalf of the member 13
and other members of the association, acting in that capacity. 14
(3) Subsections (2)(c) and (d) do not apply if any of the following has 15
taken reasonable steps to prevent the action-- 16
(a) a committee of management of the industrial association; 17
(b) a person authorised by the committee; 18
(c) an officer of the industrial association. 19
(4) For the purposes of this part-- 20
(a) conduct is capable of constituting industrial action even if the 21
conduct relates to part only of the duties that persons are required 22
to perform in the course of their employment; and 23
(b) a reference to industrial action includes a reference to a course of 24
conduct constituting a series of industrial actions. 25
2--Conduct by employers etc. 26
Division
etc. of members of industrial associations etc.--Cwlth 27
Dismissal
s 298K 28
237.(1) An employer must not, for a prohibited reason, or for reasons 29
s 238 187 s 238
Industrial Organisations
that include a prohibited reason, do or threaten to do any of the following-- 1
(a) dismiss an employee; 2
(b) injure an employee in the employee's employment; 3
(c) alter the position of an employee to the employee's prejudice; 4
(d) refuse to employ another person; 5
(e) discriminate against another person in the terms or conditions on 6
which the employer offers to employ the other person. 7
(2) A person must not, for a prohibited reason, or for reasons including a 8
prohibited reason, do or threaten to do any of the following-- 9
(a) terminate a contract for services entered into with an independent 10
contractor; 11
(b) injure the independent contractor in relation to the terms and 12
conditions of the contract for services; 13
(c) alter the position of the independent contractor to the independent 14
contractor's prejudice; 15
(d) refuse to engage a person as an independent contractor; 16
(e) discriminate against a person in the terms or conditions on which 17
the person offers to engage the person as an independent 18
contractor. 19
reasons--Cwlth s 298L 20
Prohibited
238.(1) Conduct mentioned in section 237(1) or (2) is for a "prohibited 21
reason" if it is carried out because the employee, independent contractor or 22
other person concerned-- 23
(a) is, has been, proposes to become or has at any time proposed to 24
become an officer, delegate or member of an industrial 25
association; or 26
(b) is not, or does not propose to become, a member of an industrial 27
association; or 28
(c) for a refusal to engage another person as an independent 29
contractor-- 30
s 238 188 s 238
Industrial Organisations
(i) has 1 or more employees who are not, or do not propose to 1
become, members of an industrial association; or 2
(ii) has not paid, or does not propose to pay, a fee (however 3
described) to an industrial association; or 4
(d) has refused or failed to join in industrial action; or 5
(e) for an employee--has failed to agree or consent to, or vote in 6
favour of, the making of an agreement to which an industrial 7
association of which the employee is a member would be a party; 8
or 9
(f) has made, proposes to make or has at any time proposed to make 10
an application to an industrial body for an order under an 11
industrial law for the holding of a secret ballot; or 12
(g) has participated in, proposes to participate in or has at any time 13
proposed to participate in a secret ballot ordered by an industrial 14
body under an industrial law; or 15
(h) has the right to the benefit of an industrial instrument or an order 16
of an industrial body; or 17
(i) has made or proposes to make any inquiry or complaint to a 18
person or body having the capacity under an industrial law to 19
seek-- 20
(i) compliance with that law; or 21
(ii) the observance of a person's rights under an industrial 22
instrument; or 23
(j) has participated in, proposes to participate in or has at any time 24
proposed to participate in a proceeding under an industrial law; or 25
(k) has given or proposes to give evidence in a proceeding under an 26
industrial law; or 27
(l) for an employee, or an independent contractor, who is a member 28
of an industrial association that is seeking better industrial 29
conditions--is dissatisfied with his or her conditions; or 30
(m) for an employee or an independent contractor--has absented 31
from work without leave if-- 32
s 238 189 s 238
Industrial Organisations
(i) the absence was to carry out duties or exercising rights as an 1
officer of an industrial association; and 2
(ii) the employee or independent contractor applied for leave 3
before absenting himself or herself and leave was 4
unreasonably refused or withheld; or 5
(n) as an officer or member of an industrial association, has done, or 6
proposes to do, an act or thing to further or protect the industrial 7
interests of the industrial association, being an act or thing that 8
is-- 9
(i) lawful; and 10
(ii) within the limits of an authority expressly conferred on the 11
employee, independent contractor or other person by the 12
industrial association under its rules; or 13
(o) is a health and safety representative appointed under the 14
Workplace Health and Safety Act 1995; or 15
(p) is, or proposes to become, an officer or member of an association 16
that has applied to be registered; or 17
(q) has stopped, or proposes to stop, being-- 18
(i) an officer or member of an association that has applied to be 19
registered; or 20
(ii) a member of an organisation. 21
(2) A threat is taken to have been made for a prohibited reason if-- 22
(a) the threat is made to engage in conduct mentioned in 23
section 237(1) or (2); and 24
(b) one of the prohibited reasons in subsection (1) refers to a person 25
doing or proposing to do a particular act, or not doing or 26
proposing not to do a particular act; and 27
(c) the threat is made with the intent of dissuading or preventing the 28
person from doing the act, or coercing the person to do the act, as 29
the case requires. 30
s 239 190 s 241
Industrial Organisations
to cease membership etc. of industrial association 1
Inducements
etc.--Cwlth s 298M 2
239. An employer, or a person who has engaged an independent 3
contractor, must not, whether by threats, promises or otherwise, induce an 4
employee or the independent contractor, to stop being an officer or member 5
of an industrial association. 6
3--Conduct by employees etc. 7
Division
of work--Cwlth s 298N 8
Cessation
240. An employee or independent contractor must not cease work in the 9
service of the person's employer, or of the person who engaged the 10
independent contractor, as the case requires, because the employer or 11
person-- 12
(a) is an officer or member of an industrial association; or 13
(b) has the right to the benefit of an industrial instrument or an order 14
of an industrial body; or 15
(c) has made or proposes to make an inquiry or complaint to an 16
entity having the capacity under an industrial law to seek-- 17
(i) compliance with the law; or 18
(ii) the observance of a person's rights under an industrial 19
instrument; or 20
(d) has participated in, proposes to participate in or has at any time 21
proposed to participate in any proceedings under an industrial 22
law; or 23
(e) has given evidence in a proceeding under an industrial law. 24
Division 4--Conduct by industrial associations etc. 25
associations acting against employers--Cwlth s 298P 26
Industrial
241.(1) An industrial association must not organise or take, or threaten to 27
organise or take, industrial action against an employer because the employer 28
s 241 191 s 241
Industrial Organisations
is an officer or member of an industrial association. 1
(2) An industrial association must not organise or take, or threaten to 2
organise or take, industrial action against an employer with intent to coerce 3
the employer or person-- 4
(a) to become a member of an industrial association of employers; or 5
(b) to cease to be an officer or member of such an association; or 6
(c) not to become an officer or member of such an association; or 7
(d) because the employer or person is an officer, delegate or member 8
of an organisation or association that has applied to be registered 9
as an organisation. 10
(3) An industrial association, or an officer or member of an industrial 11
association, must not-- 12
(a) advise, encourage or incite an employer; or 13
(b) organise to take, or threaten to organise or take, industrial action 14
against an employer with intent to coerce the employer; 15
to take action in relation to a person that would, if taken, contravene 16
section 237.160 17
(4) An industrial association, or an officer or member of an industrial 18
association, must not, because a member of the association has refused or 19
failed to comply with a direction given by the association-- 20
(a) advise, encourage or incite an employer; or 21
(b) organise or take, or threaten to organise or take, industrial action 22
against an employer with intent to coerce the employer; 23
to prejudice the member in the member's employment or possible 24
employment. 25
(5) For the purposes of subsection (4), a direction given by one of the 26
following bodies or persons is taken to have been given by an industrial 27
association-- 28
(a) the management committee of the association; 29
160 Section 237 (Dismissal etc. of members of industrial associations etc.--Cwlth
s 298K)
s 242 192 s 243
Industrial Organisations
(b) an officer or agent of the association acting in that capacity; 1
(c) a member or group of members of the association authorised to 2
give the direction by-- 3
(i) the rules of the association; or 4
(ii) the management committee of the association; or 5
(iii) an officer or agent of the association acting in that capacity; 6
(d) a member of the association, who performs the function of 7
dealing with an employer on behalf of the member and other 8
members of the association, acting in that capacity. 9
associations acting against employees etc.--Cwlth s 298Q 10
Industrial
242. An industrial association, or an officer or member of an industrial 11
association, must not take, or threaten to take, action having the effect, 12
directly or indirectly, of prejudicing a person in the person's employment or 13
possible employment with intent-- 14
(a) to coerce the person to join in industrial action; or 15
(b) to dissuade or prevent the person from making an application to 16
an industrial body for an order under an industrial law for the 17
holding of a secret ballot; or 18
(c) to coerce the person to join, or not to join, an industrial 19
association. 20
associations acting against members--Cwlth s 298R 21
Industrial
243. An industrial association, or an officer or member of an industrial 22
association, must not impose, or threaten to impose, a penalty, forfeiture or 23
disability of any kind on a member of the association-- 24
(a) with intent to coerce the member to join in industrial action; or 25
(b) because the member has refused or failed to join in industrial 26
action; or 27
(c) because the member has made, proposes to make or has at any 28
time proposed to make an application to an industrial body for an 29
order under an industrial law for the holding of a secret ballot; or 30
s 244 193 s 244
Industrial Organisations
(d) because the member has participated in, proposes to participate in 1
or has at any time proposed to participate in a secret ballot ordered 2
by an industrial body under an industrial law. 3
associations acting against independent contractors 4
Industrial
etc.--Cwlth s 298S 5
244.(1) An industrial association, or an officer or member of an 6
industrial association, must not-- 7
(a) advise, encourage or incite a person, whether an employer or not, 8
to take discriminatory action against an eligible person because 9
the eligible person is not a member of an industrial association; or 10
(b) take, or threaten to take, industrial action against an employer with 11
intent to coerce the employer to take discriminatory action against 12
an eligible person because the eligible person is not a member of 13
an industrial association; or 14
(c) take, or threaten to take, industrial action against an eligible person 15
with intent to coerce the person to join an industrial association. 16
(2) In this section-- 17
"discriminatory action", in relation to an eligible person, means-- 18
(a) a refusal to make use of, or to agree to make use of, services 19
offered by the eligible person; or 20
(b) a refusal to supply, or to agree to supply, goods or services to the 21
eligible person. 22
"eligible person" means a person who is not an employee, but who-- 23
(a) is eligible to join an industrial association; or 24
(b) would be eligible to join an industrial association if the person 25
was an employee. 26
s 245 194 s 246
Industrial Organisations
Division 5--Remedies for breaches of this part 1
to the court--Cwlth s 298T 2
Applications
245.(1) An application may be made to the court for orders under 3
section 246 about conduct in contravention of this part. 4
(2) The application may be made by-- 5
(a) the person, mentioned in the provision in question, against whom 6
the conduct has been, is being or would be carried out; or 7
(b) an industrial association of which the person is a member; or 8
(c) the employment advocate; or 9
(d) another person prescribed by regulation. 10
that the court may make--Cwlth s 298U 11
Orders
246.(1) This section applies if there has been a contravention of this part. 12
(2) The court may, if it considers it appropriate in all the circumstances of 13
the case, make one or more of the following orders-- 14
(a) an order imposing on a person or industrial association whose 15
conduct contravened or is contravening the relevant provision in 16
question a penalty of not more than-- 17
(i) in the case of a body corporate--135 penalty units; or 18
(ii) in any other case--27 penalty units; 19
(b) an order requiring the person or industrial association to-- 20
(i) reinstate an employee in-- 21
(A) the position from which the employee was removed or 22
dismissed in committing the contravention; or 23
(B) a similar position; or 24
(ii) re-engage an independent contractor; 25
(c) an order requiring the person or industrial association to pay to an 26
employee or independent contractor, or to a prospective employee 27
s 247 195 s 247
Industrial Organisations
or independent contractor, compensation of such amount as the 1
court considers appropriate; 2
(d) an order requiring the person or industrial association not to carry 3
out a threat made by the person or association, or not to make any 4
further threat; 5
(e) injunctions, including interim injunctions, and any other orders, 6
that the court considers necessary to stop the conduct or remedy 7
its effects; 8
(f) any other consequential orders. 9
(3) The court must give an opportunity to be heard to any person against 10
whom an order is sought. 11
(4) If the court imposes a penalty under subsection (2), it may order the 12
whole or part of the penalty to be paid to-- 13
(a) the consolidated fund; or 14
(b) a stated organisation or individual. 15
not required of the reason for, or the intention 16
Proof
of, conduct--Cwlth s 298V 17
247.(1) This section applies if-- 18
(a) in an application under this division relating to a person's or an 19
industrial association's conduct, it is alleged that the conduct was, 20
or is being, carried out for a particular reason or with a particular 21
intent; and 22
(b) for the person or industrial association to carry out the conduct for 23
that reason or with that intent would constitute a contravention of 24
this part. 25
(2) It is presumed, in proceedings under this division arising from the 26
application, that the conduct was, or is being, carried out for that reason or 27
with that intent, unless the person or industrial association proves otherwise. 28
s 248 196 s 249
Industrial Organisations
Division 6--Miscellaneous 1
of industrial instruments requiring or permitting conduct 2
Provisions
in contravention of this part--Cwlth s 298Y 3
248. A provision of an industrial instrument, or an agreement or 4
arrangement, whether written or unwritten, is void to the extent that it 5
requires or permits, or has the effect of requiring or permitting, any conduct 6
that would contravene this part. 7
ART 15--OTHER OFFENCES 8
P
1--Specific offences 9
Division
about organisation's property 10
Offence
249.(1) A person must not obtain possession of an organisation's 11
property by false representation or imposition. 12
Maximum penalty--40 penalty units. 13
(2) A person in possession of an organisation's property must not-- 14
(a) wilfully withhold it from a person who has the right to possess it; 15
or 16
(b) fraudulently misapply it; or 17
(c) wilfully apply it to a use not authorised under the organisation's 18
rules. 19
Maximum penalty--40 penalty units. 20
(3) As well as imposing a penalty, a court convicting a defendant under 21
this section may order-- 22
(a) the defendant to-- 23
(i) deliver up as directed property to which the conviction 24
relates; or 25
s 250 197 s 251
Industrial Organisations
(ii) repay as directed an amount found to have been withheld, 1
fraudulently misapplied or improperly applied; and 2
(b) that in default, the defendant be imprisoned for no more than 3
1 year. 4
elections 5
Preventing
250. A person must not prevent a person from conducting-- 6
(a) an election; or 7
(b) a ballot for a proposed amalgamation under part 9; or 8
(c) a ballot for a proposed withdrawal from amalgamation under 9
part 10. 10
Maximum penalty--40 penalty units. 11
about persons conducting ballot 12
Offences
251.(1) This section applies to the conduct of each of the following 13
events-- 14
(a) an election under part 5;161 15
(b) a proposed amalgamation under part 9;162 16
(c) a proposed withdrawal from an amalgamation under part 10.163 17
(2) A person must not, without lawful authority or excuse-- 18
(a) pretend to be anyone else to obtain a ballot paper which the 19
person does not have the right to obtain; or 20
(b) pretend to be anyone else to vote in a ballot for the event; or 21
(c) destroy, deface, amend, take or interfere with a nomination paper, 22
ballot paper or envelope; or 23
161 Part 5 (Conducting elections)
162 Part 9 (Amalgamating industrial organisations)
163 Part 10 (Withdrawal from amalgamations)
s 251 198 s 251
Industrial Organisations
(d) put a ballot or other paper about the event in a ballot box or other 1
receptacle used for ballots; or 2
(e) deliver, or put in the post for delivery, a ballot or other paper 3
about the event to a person receiving ballot papers for the event; 4
or 5
(f) vote without having the right to vote; or 6
(g) vote more than once; or 7
(h) forge a nomination paper, ballot paper or envelope; or 8
(i) utter a nomination paper, ballot paper or envelope knowing it to 9
be forged; or 10
(j) give a ballot paper to someone else;