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Workplace Relations (Registered Organisations) Bill 2001

Part 6 Other

   

322   Delegation by Minister

The Minister may, in writing, delegate to:

                     (a)  the Secretary of the Department; or

                     (b)  an SES employee or acting SES employee;

all or any of the Minister’s powers under this Act.

323   Conduct by officers, directors, employees or agents

             (1)  Where it is necessary to establish, for the purposes of this Act, the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:

                     (a)  that the conduct was engaged in by an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and

                     (b)  that the officer, director, employee or agent had the state of mind.

             (2)  Any conduct engaged in on behalf of a body corporate by:

                     (a)  an officer, director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; or

                     (b)  any other person at the direction or with the consent or agreement (whether express or implied) of an officer, director, employee or agent of the body corporate, where the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the officer, director, employee or agent;

is taken, for the purposes of this Act, to have been engaged in also by the body corporate.

             (3)  A reference in this section to the state of mind of a person includes a reference to the knowledge, intent, opinion, belief or purpose of the person and the person’s reasons for the intent, opinion, belief or purpose.

324   Right to participate in ballots

                   Subject to reasonable provisions in the rules of an organisation in relation to enrolment, every financial member of the organisation has a right to vote at any ballot taken for the purpose of submitting a matter to a vote of the members of the organisation, or of a branch, section or other division of the organisation in which the member is included.

325   Requests by members for information concerning elections and certain ballots

                   A financial member of an organisation may, by notice in writing, request the returning officer:

                     (a)  in relation to an election for an office or other position in the organisation or a branch of the organisation; or

                     (b)  in relation to a ballot taken for the purpose of submitting a matter to a vote of the members of an organisation or a branch of the organisation;

to provide to the member specified information for the purpose of determining whether there has been an irregularity in relation to the election or ballot, and the returning officer must not unreasonably withhold the information.

326   Providing copy of rules or list of offices etc. on request by member

             (1)  If a member of an organisation requests the organisation, or a branch of the organisation, to provide to the member:

                     (a)  a copy of the rules of the organisation or branch; or

                     (b)  a copy of any amendments of the rules made since a specified time; or

                     (c)  a copy of the list of the offices, or of the persons holding the offices, of an organisation or branch lodged in the Industrial Registry on behalf of the organisation under subsection 222(1);

the organisation or branch (as the case requires) must provide a copy to the member and, subject to the regulations, must provide the copy free of charge.

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

             (2)  A request under this section:

                     (a)  must be made to the secretary, or a person performing (in whole or part) the duties of secretary, of the organisation or branch concerned; and

                     (b)  must be in writing; and

                     (c)  must specify the period (of not less than 14 days) within which the relevant copy must be provided.

             (3)  An organisation or branch whose rules or list of offices, or of the persons holding the offices, are available on the Internet must inform a member seeking a copy of that fact. However, informing the member of that fact does not affect the organisation’s or branch’s other obligations under this section and the regulations.

             (4)  The regulations may:

                     (a)  prescribe the manner in which a request under this section must be made; and

                     (b)  prescribe the time within which the organisation or branch must respond to the request; and

                     (c)  prescribe the form or forms in which a copy of the rules, amendments or list of offices, or of the persons holding the offices, may be provided; and

                     (d)  prescribe fees that may be charged by an organisation or branch for providing a copy of the rules or amendments to a member if that member has been provided with a copy of the same rules or amendments free of charge within the past 3 years; and

                     (e)  prescribe fees that may be charged by an organisation or branch for providing a copy of a list of offices to a member if that member has already been provided with a copy of the same list free of charge.

327   Certificate as to membership of organisation

                   A certificate of a Registrar stating that a specified person was at a specified time a member or officer of a specified organisation or a specified branch of a specified organisation is, in all courts and proceedings, evidence that the facts are as stated.

328   List of officers to be evidence

                   A list of the officers of an organisation or a branch of an organisation lodged in the Industrial Registry on behalf of the organisation, or a copy of any such list certified by a Registrar, is evidence that the persons named in the list were, on the day when the list was lodged, officers of the organisation or branch.

329   Unauthorised collection of money

             (1)  A person must not knowingly make a false representation that he or she is authorised to collect money on behalf of an organisation.

             (2)  A person must not collect money on behalf of an organisation knowing that he or she does not have lawful authority to do so.

Maximum penalty:    20 penalty units.

330   No imprisonment in default

                   In spite of the provisions of any other law, a court may not direct that a person is to serve a sentence of imprisonment in default of the payment of a fine or other pecuniary penalty imposed under this Act.

331   Jurisdiction of courts limited as to area

             (1)  For the purposes of this Act, a court of a State or Territory whose jurisdiction is limited, as to subject matter or parties, to any part of a State or Territory is taken to have jurisdiction throughout the State or Territory.

             (2)  On the hearing of a proceeding in a court for the recovery of a penalty, fine, fee, levy or due, the court may, if in the interests of justice it considers appropriate, adjourn the hearing to a court of competent jurisdiction to be held at some other place in the same State or Territory.

332   Public sector employer to act through employing authority

                   In spite of anything to the contrary in this Act or any other law, the employer of an employee engaged in public sector employment must, for the purposes of this Act and the Rules of the Commission, act only by an employing authority of the employee acting on behalf of the employer and, in particular:

                     (a)  anything done by an employing authority of an employee has effect, for those purposes, as if it had been done by the employer of the employee; and

                     (b)  anything served on, or otherwise given or notified to, an employing authority of an employee has effect, for those purposes, as if it had been served on, or given or notified to, the employer of the employee.

333   Proceedings by and against unincorporated clubs

             (1)  For the purposes of this Act, the treasurer of a club is taken to be the employer of a person employed for the purposes or on behalf of the club, and any proceeding that may be taken under this Act by or against the club may be taken by or against the treasurer on behalf of the club.

             (2)  The treasurer is authorised to retain out of the funds of the club sufficient money to meet payments made by the treasurer on behalf of the club under this section.

             (3)  In this section:

club means an unincorporated club.

treasurer includes a person having possession or control of any funds of a club.

334   Inspection of documents etc.

                   All documents and other things produced in evidence before the Commission may be inspected by the Commission or by such other parties as the Commission allows.

335   Trade secrets etc. tendered as evidence

             (1)  In a proceeding before the Federal Court or the Commission:

                     (a)  the person entitled to a trade secret may object that information tendered as evidence relates to the trade secret; or

                     (b)  a witness or party may object that information tendered as evidence relates to the profits or financial position of the witness or party.

             (2)  Where an objection is made under subsection (1) to information tendered as evidence, the information may only be given as evidence under a direction of the Federal Court or Commission.

             (3)  If information is given as evidence under subsection (2), it must not be published in any newspaper, or otherwise, unless the Federal Court or Commission, by order, permits the publication.

             (4)  Where the Federal Court or Commission directs that information relating to a trade secret or to the profits or financial position of a witness or party is to be given in evidence, the evidence must be taken in private if the person entitled to the trade secret, or the witness or party, requests.

             (5)  The Federal Court or Commission may direct that evidence given in a proceeding before it, or the contents of a document produced for inspection, must not be published.

             (6)  A person must not give as evidence, or publish, any information in contravention of this section or a direction given under this section.

Maximum penalty:    20 penalty units.

336   Application of penalty

                   A court that imposes a monetary penalty under this Act (other than a penalty for an offence) may order that the penalty, or a part of the penalty, be paid:

                     (a)  into the Consolidated Revenue Fund; or

                     (b)  to a particular organisation or person.

337   Enforcement of penalties etc.

             (1)  Where a court has:

                     (a)  imposed a monetary penalty under this Act (other than a penalty for an offence); or

                     (b)  ordered the payment of costs or expenses;

a certificate signed by a Registrar, specifying the amount payable and by whom and to whom respectively it is payable, may be filed in the Federal Court or in any other court of competent jurisdiction.

             (2)  A certificate filed in a court under subsection (1) is enforceable in all respects as a final judgment of the court in which it is filed.

             (3)  Where there are 2 or more creditors under a certificate, process may be issued separately by each creditor for the enforcement of the certificate as if there were separate judgments.

338   Regulations

General power

             (1)  The Governor-General may make regulations prescribing all matters:

                     (a)  required or permitted by this Act to be prescribed; or

                     (b)  necessary or convenient to be prescribed for carrying out or giving effect to this Act.

Specific matters on which regulations may be made

             (2)  The matters in relation to which the Governor-General may make regulations include, but are not limited to:

                     (a)  the manner in which, and the time within which, applications, submissions and objections under this Act may be made and dealt with; and

                     (b)  the fees to be charged in relation to proceedings under this Act; and

                     (c)  the manner in which, and the time within which, the AEC must give post-election and post-ballot reports; and

                     (d)  requiring, or authorising a particular person to require, the providing by all or any organisations of information relating to matters relevant to the conduct of elections for offices in organisations and branches of organisations; and

                     (e)  requiring the exhibiting, on the premises of an employer bound by an order of the Commission under this Act, of any of the terms of the order; and

                      (f)  penalties not exceeding a fine of 10 penalty units for offences against the regulations.

Note:          Regulations made under the Workplace Relations Act may also be relevant to the operation of this Act. For example, regulations about the Commission’s practice and procedure may be made under section 359 of the Workplace Relations Act.

Regulations relating to payroll deduction facilities

             (3)  The Governor-General may also make regulations imposing requirements relating to payroll deduction facilities on:

                     (a)  the Commonwealth in its capacity as an employer; and

                     (b)  employers who are constitutional corporations.

Note:          For the meaning of constitutional corporation , see section 6.

             (4)  Regulations referred to in subsection (3) may include, but are not limited to:

                     (a)  requirements that employers give employees information about money received by the employer in relation to the provision by the employer of payroll deduction facilities for an organisation; and

                     (b)  requirements that employers who provide payroll deduction facilities inform employees who use or have used the facilities in relation to their membership of an organisation that ceasing to use the facilities does not constitute resignation from the organisation.

339   Schedule 2—Complementary registration systems

                   If:

                     (a)  an organisation is divided into branches; and

                     (b)  the operations of one of the branches is confined to a prescribed State or the operations of 2 or more of the branches are each confined to a prescribed State; and

                     (c)  the organisation proposes in accordance with Schedule 2 to amalgamate with an associated body as defined by that Schedule for the purpose of seeking the non-corporate registration of the branch, or of any of the branches, referred to in paragraph (b) under an Act of the State concerned that is, or under Acts of the States concerned each of which is, a prescribed State Act for the purposes of that Schedule;

then, in addition to the other provisions of this Act, that Schedule applies to the organisation but so applies only in relation to the branch or branches referred to in paragraph (c).