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Workplace Relations (Registered Organisations) Bill 2001

Part 2 Records to be kept and lodged by organisations

   

219   Records to be kept and lodged by organisations

             (1)  An organisation must keep the following records:

                     (a)  a register of its members, showing the name and postal address of each member and showing whether the member became a member under an agreement entered into under rules made under subsection 149(1);

                     (b)  a list of the offices in the organisation and each branch of the organisation;

                     (c)  a list of the names, postal addresses and occupations of the persons holding the offices;

                     (d)  such other records as are prescribed.

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

             (2)  An organisation must:

                     (a)  enter in the register of its members the name and postal address of each person who becomes a member, within 28 days after the person becomes a member;

                     (b)  remove from that register the name and postal address of each person who ceases to be a member under the rules of the organisation, within 28 days after the person ceases to be a member; and

                     (c)  enter in that register any change in the particulars shown on the register, within 28 days after the matters necessitating the change become known to the organisation.

Note 1:       This subsection is a civil penalty provision (see section 284).

Note 2:       An organisation may also be required to make alterations to the register of its members under other provisions of the Act (see, for example, sections 168 and 170).

220   Certain records to be held for 7 years

             (1)  An organisation must keep a copy of its register of members as it stood on 31 December in each year. The organisation must keep the copy for the period of 7 years after the 31 December concerned.

             (2)  The regulations may provide that an organisation must also keep a copy of the register, or a part of the register, as it stood on a prescribed day. The organisation must keep the copy for the period of 7 years after the prescribed day.

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

221   Offence to interfere with register or copy

                   A person must not intentionally destroy, deface or otherwise interfere with:

                     (a)  a register of members required to be kept by an organisation under paragraph 219(1)(a); or

                     (b)  a copy required to be kept by an organisation under section 220.

Maximum penalty:    20 penalty units.

222   Obligation to lodge information in Industrial Registry

             (1)  An organisation must lodge in the Industrial Registry once in each year, at such time as is prescribed:

                     (a)  a declaration signed by the secretary or other prescribed officer of the organisation certifying that the register of its members has, during the immediately preceding calendar year, been kept and maintained as required by paragraph 219(1)(a) and subsection 219(2); and

                     (b)  a copy of the records required to be kept under paragraphs 219(1)(b), (c) and (d), certified by declaration by the secretary or other prescribed officer of the organisation to be a correct statement of the information contained in those records.

             (2)  An organisation must, within the prescribed period, lodge in the Industrial Registry notification of any change made to the records required to be kept under paragraphs 219(1)(b), (c) and (d), certified by declaration signed by the secretary or other prescribed officer of the organisation to be a correct statement of the changes made.

             (3)  A person must not, in a declaration for the purposes of this section, make a statement 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).

223   Storage of records

             (1)  Subject to subsections (2) and (5), the records kept by an organisation under sections 219 and 220 must be kept at the office of the organisation.

             (2)  A record referred to in subsection (1) may, so far as it relates to a branch of the organisation, be kept in a separate part or section at the office of the branch.

             (3)  An organisation may apply to a Registrar for permission to keep the whole or a specified part of a record referred to in subsection (1) at specified premises instead of at the office of the organisation or branch.

             (4)  A Registrar may, by signed instrument, grant the permission if the Registrar is satisfied that the record or the specified part of the record:

                     (a)  will be under the effective control of the organisation or branch; and

                     (b)  will, in the case of a register of members, be available for inspection in accordance with section 224.

             (5)  While a permission under subsection (4) is in force, a record referred to in the permission may, to the extent specified in the permission, be kept at the premises specified in the permission.

224   Registrar may authorise access to certain records

             (1)  A person (the authorised person ) authorised by a Registrar may inspect, and make copies of, or take extracts from, the records kept by an organisation under sections 219 and 220 (the records ) at such times as the Registrar specifies.

             (2)  An organisation must cause its records to be available, at all relevant times, for the purposes of subsection (1) to the authorised person.

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

             (3)  Without limiting the ways in which an organisation can comply with subsection (2), it complies if it makes the records available to the authorised person in a form agreed to by the authorised person.

Note:          For example, the authorised person could agree to the organisation providing him or her with a hard copy or with a floppy disk, or to transmitting a copy of the register (or the relevant part) to a specified electronic mail address.

225   Registrar may direct organisation to deliver copy of records

Register kept under section 219

             (1)  Where:

                     (a)  a member of an organisation requests a Registrar to give a direction under this subsection; and

                     (b)  the Registrar is satisfied:

                              (i)  that the member has been refused access to the register required to be kept under section 219, or part of it, at the office or premises where the register or part is kept; or

                             (ii)  that there are other grounds for giving a direction under this subsection;

the Registrar may direct the organisation to deliver to the Registrar a copy of the relevant records certified by declaration by the secretary or other prescribed officer of the organisation to be, as at a day specified in the certificate that is not more than 28 days before the first-mentioned day, a correct statement of the information contained in the register, for the member to inspect at a specified registry, and the organisation must comply with the direction.

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

Copy kept under section 220

             (2)  Where:

                     (a)  a member of an organisation requests a Registrar to give a direction under this subsection; and

                     (b)  the Registrar is satisfied that:

                              (i)  the member has been refused access to the copy of the register required to be kept under section 220; and

                             (ii)  the member has reasonable grounds for seeking access to the copy;

the Registrar may direct the organisation to deliver to the Registrar a copy of the copy, and the organisation must comply with the direction.

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

             (3)  A direction of the Registrar given under this section must be in writing and must specify the period within which the relevant copy must be delivered to the Registrar. The period must not be less than 14 days after the direction is given.

             (4)  A copy of a record delivered under subsection (1) or (2) may be in the form of a hard copy or, if the Registrar agrees, in electronic form.

             (5)  Where a Registrar receives a copy of a document from an organisation under this section, the Registrar may, if the Registrar considers it appropriate in the circumstances, provide a copy of that document to a member of the organisation.

226   Organisations to notify particulars of loans, grants and donations

             (1)  An organisation must, within 90 days after the end of each financial year (or such longer period as the Registrar allows), lodge in the Industrial Registry a statement showing the relevant particulars in relation to each loan, grant or donation of an amount exceeding $1,000 made by the organisation during the financial year.

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

             (2)  A statement lodged in the Industrial Registry under subsection (1) must be signed by an officer of the organisation.

             (3)  An organisation must not, in a statement under subsection (1), make a statement if the person knows, or is reckless as to whether, the statement is false or misleading.

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

             (4)  A statement lodged in the Industrial Registry under subsection (1) may be inspected at any registry, during office hours, by a member of the organisation concerned.

             (5)  The relevant particulars, in relation to a loan made by an organisation, are:

                     (a)  the amount of the loan; and

                     (b)  the purpose for which the loan was required; and

                     (c)  the security given in relation to the loan; and

                     (d)  except where the loan was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the loan was made and the arrangements made for the repayment of the loan.

             (6)  The relevant particulars, in relation to a grant or donation made by an organisation, are:

                     (a)  the amount of the grant or donation; and

                     (b)  the purpose for which the grant or donation was made; and

                     (c)  except where the grant or donation was made to relieve a member of the organisation, or a dependant of a member of the organisation, from severe financial hardship—the name and address of the person to whom the grant or donation was made.

             (7)  Where an organisation is divided into branches:

                     (a)  this section applies in relation to the organisation as if loans, grants or donations made by a branch of the organisation were not made by the organisation; and

                     (b)  this section applies in relation to each of the branches as if the branch were itself an organisation.

             (8)  For the purposes of the application of this section in accordance with subsection (7) in relation to a branch of an organisation, the members of the organisation constituting the branch are taken to be members of the branch.