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Fair Work (Registered Organisations) Amendment Bill 2012

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2010-2011-2012

 

The Parliament of the

Commonwealth of Australia

 

HOUSE OF REPRESENTATIVES

 

 

 

Fair Work (Registered Organisations) Amendment Bill 2012

 

 

(1)     Schedule 1, page 4 (after line 6), after item 4, insert:

4A  After section 288

Insert:

288A   Good faith, use of position and use of information—criminal offences

Good faith—officers

             (1)  An officer of an organisation or a branch commits an offence if he or she:

                     (a)  is reckless; or

                     (b)  is intentionally dishonest;

and fails to exercise his or her powers and discharge his or her duties:

                     (c)  in good faith in the best interests of the organisation; or

                     (d)  for a proper purpose.

Penalty:  Imprisonment for 5 years or 2,000 penalty units, or both.

Use of position—officers and employees

             (2)  An officer or employee of an organisation or a branch commits an offence if he or she uses his or her position dishonestly:

                     (a)  with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or

                     (b)  reckless as to whether the use may result in himself or herself, or someone else, directly or indirectly gaining an advantage, or in causing detriment to the organisation.

Penalty:  Imprisonment for 5 years or 2,000 penalty units, or both.

Use of information—officers and employees

             (3)  A person who obtains information because he or she is, or has been, an officer or employee of an organisation or a branch commits an offence if he or she uses the information dishonestly:

                     (a)  with the intention of directly or indirectly gaining an advantage for himself or herself, or someone else, or causing detriment to the organisation; or

                     (b)  reckless as to whether the use may result in himself or herself, or someone else, directly or indirectly gaining an advantage, or in causing detriment to the corporation.

Penalty:  Imprisonment for 5 years or 2,000 penalty units, or both.

4B  Subsection 289(1)

Omit “or 288”, substitute “, 288 or 288A”.

4C  Section 290

Omit “or 288”, substitute “, 288 or 288A”.

[criminal offences]

(2)     Schedule 1, item 8, page 4 (lines 15 and 16), omit the item, substitute:

8  Paragraph 306(1)(b)

Repeal the paragraph, substitute:

                     (b)  in the case of an officer of an organisation—200 penalty units; or

                     (c)  in any other case—60 penalty units.

[civil penalties]

(3)     Schedule 1, item 9, page 4 (line 24), omit paragraph (1A)(b), substitute:

                     (b)  in the case of an officer of an organisation—100 penalty units; or

                     (c)  in any other case—30 penalty units.

[civil penalties]

(4)     Schedule 1, item 15, page 7 (lines 1 to 15), omit section 335C.

[disclosure of information by General Manager and staff]

(5)     Schedule 1, page 8 (after line 18), after item 23, insert:

23A  At the end of section 336

Insert:

Referral to include relevant evidence and information

             (6)  If the General Manager refers the matter to the Director of Public Prosecutions, the Australian Federal Police or the police force of a State or Territory, the referral must include all the relevant evidence and information that has been acquired in the performance of functions or exercise of powers under this Act.

             (7)  The evidence and information must be given in such a form as to enable it to be used to consider whether to institute a prosecution, or take any other action, in relation to the matter.

Note:          The evidence and information should be set out in the same way as a brief of evidence, or in a way that facilitates converting it to a brief of evidence.

[referral to include relevant evidence and information]

(6)     Schedule 1, item 36, page 11 (line 25) to page 12 (line 9), omit all the words from and including “delegated to”, substitute “delegated to a member of the staff of FWA who is an SES employee or and acting SES employee”.

[delegation of General Manager’s powers and functions]

(7)     Schedule 1, page 14 (after line 10), at the end of Part 1, add:

39A  After section 343A

Insert:

343B   Disclosure of information

             (1)  This section applies to information acquired in the performance of functions or exercise of powers under this Act.

Disclosure that is necessary or appropriate, or likely to assist administration or enforcement

             (2)  The General Manager may disclose, or authorise the disclosure of, the information if the General Manager reasonably believes:

                     (a)  that it is necessary or appropriate to do so in the course of performing functions, or exercising powers, under this Act; or

                     (b)  that the disclosure is likely to assist in the administration or enforcement of a law of the Commonwealth, a State or a Territory.

Obligation to disclose information relevant to commission of offence

             (3)  If a member of the staff of FWA reasonably believes that the information is relevant to the commission, or possible commission, of an offence against a law of the Commonwealth, a State or a Territory, the member of staff must disclose the information to the General Manager.

             (4)  If the General Manager reasonably believes that the information is relevant to the commission, or possible commission, of an offence against a law of the Commonwealth, a State or a Territory, the General Manager must disclose, or authorise the disclosure of, the information:

                     (a)  for an offence against a law of the Commonwealth—to the Australian Federal Police; or

                     (b)  for an offence against a law of a State or Territory—to the police force of the State or Territory.

Information may be disclosed despite inquiry or investigation under this Act

             (5)  To avoid doubt, if the information relates to a matter that is the subject of an inquiry or investigation under Part 4 of Chapter 11, a person need not wait until the conclusion of the inquiry or investigation before disclosing, or authorising the disclosure of, the information under subsection (2), (3) or (4) of this section.

39B  Application—disclosure of information

The amendment made by item 39A applies in relation to information acquired before, on or after the commencement of that item.

[disclosure of information by General Manager and staff]

(8)     Schedule 1, page 29 (after line 6), at the end of the Schedule, add:

62  After paragraph 230(1)(c)

Insert:

                    (ca)  records of all disclosures made in accordance with rules required by Division 3A of Part 2 of Chapter 5 (rules relating to disclosures);

63  Paragraph 233(1)(b)

After “(c)”, insert “, (ca)”.

64  Subsection 233(2)

After “(c)”, insert “, (ca)”.

[records of disclosures made under rules]