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Workplace Relations (Registered Organisations) Bill 2001

Part 4 False information, disputes and arrears of dues

   

173   False representation as to membership of organisation

                   A person must not, in an application made under this Act or the Workplace Relations Act, make a statement about the person’s membership of an organisation if the person knows, or is reckless as to whether, the statement is false or misleading.

Note:          This section is a civil penalty provision (see section 284).

174   False representation about resignation from organisation

                   A person (the first person ) must not provide information about resignation from an organisation to a member, or a person eligible to become a member, of the organisation if the person knows, or is reckless as to whether, the information is false or misleading.

Note:          This section is a civil penalty provision (see section 284).

175   Disputes between organisations and members

             (1)  A dispute between an organisation and any of its members is to be decided under the rules of the organisation.

             (2)  Any fine, fee, levy or dues payable to an organisation by a member in relation to a period after the organisation was registered may be sued for and recovered, in the name of the organisation, as a debt due to the organisation, in a court of competent jurisdiction.

             (3)  A court of competent jurisdiction may, on application brought in the name of an organisation, order the payment by a member of any contribution (not exceeding $20) to a penalty incurred or money payable by the organisation under an award, order, certified agreement or old IR agreement.

176   Recovery of arrears

             (1)  In spite of subsection 175(2), legal proceedings for the recovery of an amount payable by a person in relation to the person’s membership of an organisation must not be commenced after the end of the period of 12 months starting on the day on which the amount became payable.

             (2)  The amount ceases to be payable at the end of the period if legal proceedings to recover the amount have not been commenced by then.

177   Liability for arrears

             (1)  Where a person has ceased to be eligible to become a member of an organisation and that person has not actively participated in the affairs of the organisation since that time, those circumstances are a defence to an action by the organisation for arrears of dues payable from the time when the person ceased to be so eligible.

             (2)  Where such a defence is successful, that person is taken to have ceased to be a member from the time that the person ceased to be so eligible.