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Fair Work (Registered Organisations) Amendment Bill 2012

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7242

2010-2011-2012

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

Fair Work (Registered Organisations) Amendment Bill 2012

 

 

(1)     Schedule 1, item 15, page 7 (lines 1 to 15), section 335C TO BE OPPOSED .

[disclosure of information by General Manager and staff]

(2)     Schedule 1, item 18, page 7 (lines 27 to 31), item TO BE OPPOSED .

[disclosure of information by General Manager and staff]

[Note for instructors: Item 18 deals with the application of section 335C, which is proposed to be omitted by amendment (1).]

(3)     Schedule 1, item 32, page 11 (line 11), omit paragraph 343A(2)(ib).

[disclosure of information by General Manager and staff]

(4)     Schedule 1, page 11 (after line 14), after item 33, insert:

33A  At the end of subsection 343A(2)

Add:

                    ; (l)  section 343B.

[disclosure of information by General Manager and staff]

(5)     Schedule 1, item 35, page 11 (line 21), after “subsection 337K(4)”, insert “or section 343B”.

[disclosure of information by General Manager and staff]

(6)     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]