|Title||Workplace Relations (Registered Organisations) Bill 2001
|Database||Bills & Legislation|
|Long Title||a Bill for an Act to provide for the registration of associations of employers and of employees, to regulate those associations after registration, and for related purposes
|Source||House of Reps
|Portfolio||Employment, Workplace Relations and Small Business portfolio
|Reps Bill Code||O
The Federal Court may, on the application of an organisation, order that a personâs membership of that organisation or another organisation is to cease from a day, and for a period, specified in the order.
(a) the rules of an organisation require a member to pay dues in relation to the personâs membership of the organisation; and
(b) the member has not paid the amount; and
(c) a continuous period of 24 months has elapsed since the amount became payable; and
(d) the memberâs name has not been removed from the register kept by the organisation under paragraph 219(1)(a);
the organisation must remove the name and postal address of the member from the register within 12 months after the end of the 24 month period.
Note: This subsection is a civil penalty provision (see section 284).
(2) In calculating a period for the purposes of paragraph (1)(c), any period in relation to which the member was not required by the rules of the organisation to pay the dues is to be disregarded.
(3) A person whose name is removed from the register under this section ceases to be a member of the organisation on the day his or her name is removed. This subsection has effect in spite of anything in the rules of the organisation.
Note: A nonâfinancial memberâs membership might cease and his or her name be removed from the register earlier than is provided for by this section if the organisationâs own rules provide for this to happen.
(a) a person applies for membership of an organisation within 6 months after the personâs membership has ceased under section 170; and
(b) the application is accepted by the organisation;
the organisation must not require the person to pay any fee associated with a new membership (other than membership dues) in relation to the membership for which the person has applied.
(2) This section is not to be taken to prevent an organisation requiring (whether by means of its rules or otherwise) payment of outstanding dues in order for a person to maintain continuity of financial membership.
(1) A member of an organisation may resign from membership by written notice addressed and delivered to a person designated for the purpose in the rules of the organisation or a branch of the organisation.
Note: The notice of resignation can be given electronically if the organisationâs rules allow for this (see section 9 of the Electronic Transactions Act 1999).
(2) A notice of resignation from membership of an organisation takes effect:
(a) where the member ceases to be eligible to become a member of the organisation:
(i) on the day on which the notice is received by the organisation; or
(ii) on the day specified in the notice, which is a day not earlier than the day when the member ceases to be eligible to become a member;
whichever is later; or
(b) in any other case:
(i) at the end of 2 weeks, or such shorter period as is specified in the rules of the organisation, after the notice is received by the organisation; or
(ii) on the day specified in the notice;
whichever is later.
(3) Any dues payable but not paid by a former member of an organisation, in relation to a period before the memberâs resignation from the organisation took effect, may be sued for and recovered in the name of the organisation, in a court of competent jurisdiction, as a debt due to the organisation.
(4) A notice delivered to the person mentioned in subsection (1) is taken to have been received by the organisation when it was delivered.
(5) A notice of resignation that has been received by the organisation is not invalid because it was not addressed and delivered in accordance with subsection (1).
(6) A resignation from membership of an organisation is valid even if it is not effected in accordance with this section if the member is informed in writing by or on behalf of the organisation that the resignation has been accepted.
Note: Regulations may require employers who offer payroll deduction facilities to inform employees that cessation of payroll deduction by an employee does not constitute resignation (see section 338).